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ballots: And the officer so managing such election, may require any person offering to give his vote thereat, to swear that he is a resident within the company beat, or is otherwise properly enrolled therein, and is then able to do duty in that company, under the third section of an additional act to organize the militia throughout the state of South-Carolina, passed the nineteenth day of December, in the year of our Lord one thousand seven hundred and ninety-four; and the officer holding such election shall make cath, that he has managed the election according to law, according to the best of his knowledge and belief, and the orders he shall have received from the commanding officer for conducting the same.

persons to

And be it enacted by the authority aforesaid, That wherever it shall be considered as necessary Militia of for any militia officer, not under the rank of cap. ficers may tain, or other commanding officer of a company, to the liainquire into take a census of the number of persons within bility of his beat, company or district, liable to the per- do militia formance of militia duty, such officer or officers duty. shall be, and they are hereby authorized and required to demand the name or names of each and every householder, or person or persons so resident therein, and to inquire into his or their liability to perform such duty in his said beat, company or district; and if any householder, or person or persons, residing in such beat, shall fail or refuse to satisfy the necessary inquiries of such officer, touching his or their liability to be enrolled as a militia man, such houscholder or other resident, shall forfeit and pay the sum of ten dollars, to be sued for and recovered before any one justice of the peace, which penalty shall be paid into the hands of the paymaster of the regiment in which such person or persons may reside.

And be it enacted by the authority aforesaid, That A major it shall and may be lawful to and for any major of of cavalry cavalry to attach to the squadron under his com

may attach

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rifle carbi- mand, by and with the consent of the command neers to his ing officer of the regiment of which such squadron squadron. shall be a part, any number of rifle carbineers,

Vacancies

to be filled.

not exceeding twelve to a troop, who shall also be armed as troopers, in such way and manner as he shall think fit and direct.

And be it enacted by the authority aforesaid, That whenever a vacancy or vacancies shall happen, in a com- of a commissioned officers or officers in any troop pany, how or company of militia, and the men composing such troop or company respectively, shall neglect or refuse, for the space of three months, due notice of an election being given, to fill up the same as the law directs, then, and in every such case, it shall and may be lawful to and for the commanding officer of the regiment to which such troop or company shall belong or be attached, by and with the consent of the commanding officers thereof, to fill up such vacancy.

tached to

Be it enacted by the authority aforesaid, That Pioneers it shall and may be lawful to and for the commandmay be at- ing officer of any company of artillery to attach companies thereto any number of free negroes and Indians, of artillery. moors, mulattoes and mustizoes, between the ages of eighteen and forty-five, not exceeding four, to act as pioneers, in such way and manner as the commanding officer of the regiment or battalion to which such company shall belong or be attached, shall think fit or direct; the said pioneers to be cloathed in hunting shirts and overalls, and equipped with the usual accoutrements of a pioneer, except swords, hangers, or bayonets.

The fines

of artillery

And be it enacted by the authority aforesaid, That the fines which have been, or may hereafter be colin certain lected, in the Ancient Battalion of Artillery in Charbattalions leston, under the authority of the militia laws of this in Char- state, from the commissioned and non-commissileston, oned officers and matrosses of the said battalion, how to be shall and may be applied exclusively to the uses and purposes of the said battalion; and the fines,

applied.

collected as aforesaid, in the second battalion of the regiment of artillery in Charleston, shall and may be applied, exclusively to the uses and purposes of the said second battalion.

And be it enacted by the authority aforesaid, No person That no trumpeter or musician, being a negro, of colour mulatto, mustizo, or person of colour, attached to permitted any corps of cavalry, be permitted to be armed with fensive any offensive weapon, unless in cases of alarm, or weapon. of service on detachment.

In the Senate House, the twentieth Day of December,
in the Year of our Lord one thousand eight hundred,
and in the twenty-fifth Year of the Independence of
the United States of America.

JOHN WARD, President of the Senate.
THEODORE GAILLARD, Speaker of
the House of Representatives.

An ACT to alter and amend an act, entitled, "An act to prevent certain streets in Beaufort from being stopped or obstructed," and to restrict the owners of lots on the front of the said streets from building thereon.

W

HEREAS the act for preventing certain streets in Beaufort from being obstructed, passed the twenty-first day of December, in the year of our Lord one thousand seven hundred and ninety-eight, has never been carried into effect, and is found to operate injuriously to certain citizens owning lots on the bay of the said town, opposite to the streets, inasmuch as they have built, at considerable expense, certain wharves and houses thereon, previously to the passing the said act: And whereas it is the wish and desire of several of the citizens of the said town, to retain their right to the said lots, and not to receive compensation therefor, as directed by the said act: And whereas it is conceived that this privilege would meet the approbation of the citizens of the said town; provided the owners of such lots, who prefer the retaining the said lots, to receiving compensation

to wear of

therefor, be restricted from erecting any buildings thereon, and be confined to improve the same merely as wharves:

Be it therefore enacted by the honorable the Senate and House of Representatives, now met and sitting in general assembly, and by the authority of the same, That the said act to prevent certain streets in Beaufort from being stopped or obstructed, passed the twenty-first day of December, in the year of our Lord one thousand seven hundred and ninety-eight, be, and the same is hereby repealed, so far as it relates to such persons as are willing and desirous to retain their right to lots opposite the streets in the town of Beaufort, and not to receive compensation therefor, as directed by the said act of assembly, passed the twenty-first day of December, one thousand seven hundred and ninety-eight, upon the express condition, that they shall signify such their intention within six montlis from and after the passing of this act, in writing, to the commissioners of the streets; and shall hereafter be restricted, for ever, from erecting any buildings thereon; and shall be, and are hereby confined to making no other improvements thereon than wharves, so as to leave the heads of said streets open and unobstructed.

In the Senate House, the twentieth Day of December, in the Year of our Lord one thousand eight hundred, and in the twenty-fifth Year of the Independence of the United States of America.

JOHN WARD, President of the Senate. THEODORE GAILLARD, Speaker of the House of Representatives.

An ACT to prevent the obstruction to the passage of Fish up Saluda river.

WHERE

HEREAS sundry persons, inhabitants of Pendleton and Greenville districts, as by their petition to the legislature is set forth, have experienced great inconveniencies by the obstruc

up

Saluda river: For re

tion to the passage of fish medy whereof,

Be it enacted by the honorable the Senate and House of Representatives, now met and sitting in general assembly, and by the authority of the same, That every person who hath, or may hereafter erect any dam, hedge, or other obstruction across Saluda river, or any part thereof, shall, by the first day of March next, provide a good and sufficient slope, at least sixty feet wide, for the passage of fish up the said river; and upon neglect thereof, shall forfeit and pay to any person who shall inform and sue for the same before any justice of the peace, the sum of twenty dollars for every twelve hours during which such obstruction shall continue after the time aforesaid.

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In the Senate House, the twentieth Day of December, in
the Year of our Lord one thousand eight hundred,
and in the twenty-fifth Year of the Independence of
the United States of America.

JOHN WARD, President of the Senate.
THEODORE GAILLARD, Speaker of
the House of Representatives.

An ACT to incorporate the John's Island Society, of the parish of St. John's, Colleton.

W

HEREAS Joshua Ward, president, James Legare, vice-president, Joseph Rush and James Brown, stewards, and other members of the John's Island Society, have petitioned the legislature, setting forth, that the objects of the said society, which was formed for benevolent and charitable purposes, would be promoted by their incorporation:

Be it therefore enacted by the honorable the Senate and House of Representatives, now met and sitting in general assembly, and by the authority of the same, That all those persons who now are, Present or may hereafter become members of the said and future John's Island Society, shall be, and they are here- incorpoby incorporated as a body politic and corporate, and rated.

members

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