Historical Newspapers of South Carolina

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to wit : Thc Lieiitenant-Govemor, for the time being ; the Judges of the Courts of Daw and Eqtiity ; thc Ordinaries ; thc Clerks of the Courts of General Sessions and Common Pleas ; Sheriffs ; Masters, Commisioners and Registers in Equity ; thc Secretary of Stute ; Surveyor-General ; Comptroller-General and Treasurers of this State ; and all persons over ?he age of sixty and under thc agc of sixteen years : Provided, That any person exempted from all Militia duty shall, if he holds any commission in thc military of this State, bc not allowed to plead the exemption. CXTV. The following persons shall be exempted from ordinary Militia duty, but shall be liable to perform thc duty in tinies of alarm, insurrec? tion, invasion, (or as one of the posse comitatus, when required,) and shall not bc exempted from draft for actual service ; but no person under tho ?ge of eighteen, or above thc age of forty-five years, shall be liable to draft for any service beyond the limits o? their respective brigades, to wit : All the officers, ton-commissioned officers and privates of the South Carolina volunteers in the Florida war, who were honorably discharged from service ; the officers and membexs of the Palmetto Regiment, and Jerome B. Cerr, a soldier in the Mexican war, of the Mississippi regiment, and now of this State ; also, thc Members of both branches of thc General Assembly, and their respective officers, for fifteen days before the sitting, during the session, and fifteen days after tho adjournment thereof ; all regular officiating clergymen ; all regular licensed practicing physicians ; the Fa?fulty and Officers in the South Carolina College ; piofessors in theological schools ; school-masters, having under their tuition not less than fifteen scholars ; and all students at schools, academics and colleges ; managers of elections, while employed in the duties of their office ; all licensed pilots ; one white man to each established ferry, toll-bridge and toll-grain mill, if actually kept by such white man ; the President, Cashier and Teller of the several banks of this State ; thc officers and men of the City Guard and Fire Department of Charleston and Charleston Neck ; the officers of the South Carolina Railroad Company, and of the other railroad companies of this State, as specified in " An Act concerning the South Carolina Canal and Railroad Company," passed on the twentieth day of December, Anno Domini eighteen hundred and thirty-two ; the Superintendent and Keepers of thc Lunatic Asylum ; the Toll-Collectors of tile State Road ; thc Keepers of the Arsenals at Charleston and Colum? bia ; the officers and cadets of the State Military Academies ; all persons holding office under the United States ; all officers who have held, or shall hold, commissions in the Militia of this State for the term of seven years consecutively ; members of volunteer companies, who have served as snch for fourteen years consecutively ; members of the Board of Fire-Mas? ters ; officers and members of any incorporated fire-engine company, or incorporated axe company, who shall have done service as such for four? teen consecutive years : Provided, however, That there shall not bc more than thirteen companies in the City of Charleston at any one time to which the said exemption shall apply, and that none of the said compa? nies shell have more than seventy-five members at any one time ; and all persons under the agc of eighteen and over the age of forty-five. CXV. The Commander-in-Chief shall have power and authority to grant a furlough or exemption from duty to any officer of the Militia of thia State, for such time as shall seem to him reasonable. A Major-General shall have power to grant a furlough fo any officer of his division for a time not exceeding four months in any one year. A Brigadier-General shall have power to grant a furlough to any officer of his brigade for a time not exceeding two months in any one year. A Colonel shall have power to grant a furlough to any officer of his regiment for a time uot exceeding one month in any one year. jJnt no furlough or leave of absence shall be granted by any officer without good and satisfactory cause. CXVI. Every person to whom any white male apprentice or servant liable to Militia duty shall be bound, shall furnish him, during the time of servitude, with the arms and equipments prescribed by the Act of Congress, and shall compel him, duly armed and equipped, to attend all such drills and musters as he may be required by law to attend, and in default of his attendance, or deficiency of his arras or equipments, the person to whom he shall be bound shall, on conviction thereof before a court-martial, be liable to pay the fine imposed on a private, for such delinquency : Provided, That if such apprentice or servant, after having been furnished, as aforesaid, and sent to such muster, shall, contrary to the will of the person to whom he is bound, neglect to appear, or shall appear without such arms or equipments, he shall be obliged to serve such person two weeks for every fine so inflicted, in addition to his term of servitude; and if any such apprentice shall embezzle, sell or make away with the arms and equipments furnished as aforesaid, with the intent to defraud the owner thereof, such apprentice or servant shall be liable for their value in a civil action, and shall also, on conviction thereof, by indictment, be subject to a fine not ; xceeding fifty dollars, and to impris? onment not exceeding one mouth. CXVII. The system of instructions and regulations, as established by proper authority, from time to time, used in the regular army of the United States, shall bc observed in the instructions and exercises of tho Militia of this State. ?XVU I. The uniform reported by the Adjutant and Inspector-General, under thc resolution of the General Assembly, passed on the twentieth day of December, Anno Domini eighteen hundred and thirty-seven, and the uniform for the general and staff officers of the cavalry of this State, prescribed by him in obedience to a resolution of the General Assembly, passed on the nineteenth day of December, Anno Domini eighteen hundred ?nd thirty-eight, and printed in pamphlet, shall be adopted as the uniform and dress of the Militia officers of this State ; and all officers hereafter elected or appointed, except such company officers as are exempted from uniforming by law, shall conform to the same within the time now allowed by officers to uniform. CXI X. Any beat company shall have the privilege of adopting a uniform, to be approved by the Colonel, or officer commanding the regiment, and may pass such bye-laws, imposing penalties, to be recovered and expended in such manner as may be prescribed by the company ; and when a beat con. pany is uniformed, the commissioned officers thereof shall be permit? ted to adopt and wear the same ; but no member of any company shall be compelled to uniform, or be subjected to any penalty imposed by the bye laws, unless he shall have assented to and subscribed the same. CXX. If the Governor or Commander-in-Chief, for the time being, receive information from any person in authority in this State, or from any other creditable person, upon oath, that any foreign enemy or armed force intend suddenly to invade the Sf ate ; or if any dangerous insurrection or rebellion be actually raised within this State, which cannot bc sup? pressed by one company, he may raise as many of the divisions, brigades, regiments, battalions and companies, within this State, as he shall think sufficient to suppress and repel such invasion, insurrection or rebellion, as may happen ; and for the more effectual execution thereof he may make and publish an alarm throughout the State, by firing six guns, two at a time, at three minutes interval, or by sending orders and expresses to the general officers, field officers, and other officers of the Militia, to raise their respective divisions, brigad.es, regiments, squadrons, battalions, companies, or such part of them as shall be ordered and directed to march and rendezvous at such times and places within the State, as thc Governor or Commander-in-Chic." for the time being shall think fit ; and the alarms aforesaid shall be carried on through the whole State, by all the commis? sioned officers of the Militia, by firing three small arms, at convenient intervals, from place to place, and by speedily raising their several corps, and taking all other proper and effectual measures to give notice of thc motion of the enemy, and forwarding with the utmost expedition all mscessarvinformation to the Governor or Commander-in-Chief, by puttin in execution :dl snch orders as they shall receive from their superior officers. CXXI. Thur, on the sight of au enemy, or on information of an enemy appearing, or mischief done by an enemy, from any white person of credit, who liai ucen the same, (of whose credit the ^officer to whom * information is given shall be a judge,) an alarm shall be made by any commissione 1 officer by firing three small arms ; and every alarm shall be carried on by all persons hearing or having knowledge of the same by firing three small arms as distinctly as usual ; and the said officer -who fired the alarm shall assemble the corps of which he is an officer, by beat of drum, or by ordei*ing them to warn their next neighbor, or otherwise, till the corps can be g<3t together ; and the commanding officer of the same shall, with all convenient speed, despatch two. expresses, one to the Governor or Commander-in-Chief, and the other to the nearest field officer of the regiment to which the said corps belongs, with an account of the cause of alarm so made ; upon which notice the said field officer sludl despatch two expresses, ono to the Brigadier-General of the brigade, and the other to the Major-General of tho division ; the field officer who shall receive the information as aforesaid, shall have power to assemble any number of men of the battalion or regiment, as tho ease may be, to which he belongs, to march to the assistance of auy of the inhabitants of tho State who aro in danger. CXXII. If any person, liable io bear ?inns, shall, in time of such alarm, neglect or refuse; to use his*utmost endeavors to convey and communicate the said alarm, or notice of the enemy's approach, lie shall forfeit and pay a sum not exceeding two hundred and fifty dollars ; and in case any such person, after he has received notice of an alarm, does not forthwith repair, completely armed and equipped ns aforesaid, with all convenient speed, to the place where the regiment, battalion or company to which he shall belong shall be appointed to rendezvous, every such person shall forfeit :i sum not exceeding ono hundred dollars ; and in case the company to which *ttch person shall belong shall actually engage and fight with the enemy bi fore such person shall appear in the said regiment, battalion or company, in every such case the person not appearing as aforesaid shall forfeit a sum not. exceeding two hundred dollars. CXXIII. That every commissioned officer in the Militia shall have power, where occasion shall require, to assemble, arm and raise any number of men b"longing to their respective corps ; and, if need lie, to give notice, and rall to their aid, tho officers and men of any adjacent corps, to disperse, suppress, kill, destroy, apprehend, take or subdue, any pirate, sea-rover, or other enemy, who shall, in a hostile manner, hurt, or attempt to burt, any of the inhabitants of this State, in their persons or possessions, or any company of freedmen, or others, wi io shall be met together for an unlawful purpose, or who shall be lurking in any s'.isprvted place where they may do mischief; and in case any person, liable to bear arms, shall, on such occasion, neglect or refuse to appear, upon notice given by order of any commissioned officer of the corps to which such person belongs, or appearing, shall not attend and obey the said officer, for every such neglect or refusal he shall forfeit the sum of ten dollars. CXX1V. In times of invasion or insurrection, when it shall 'oe found necessary to march the several regiments, squadrons, battalions or companies, or any of them, ont of their respective Districts, one-fourth, at least, of every company in the State shall remain in their respective Districts, and shall be formed into patrols, under the command of such officers as tho commissioned officers of their companies shall appoint, until the rest of the company have returned and be discharged from bearing arms ; and tho patrol so formed shall be on constant duty, riding patrol and guard the plantations and keep tho inhabitants in order, and place proper guards at convenient places to give notice of danger, and the speedy conveyance of intelligence to tho Commander-in-Chief, or any army raised by his command ; and in case any person obliged to ride in such patrols shall refuse or neglect to servo in such patrols, or obey tho lawful command of the person appointed to command such patrol, he shall forfeit a sum not exceeding seventy-five dollars. CXXY. That in time of invasion, insurrection or rebellion, when any person shall receive orders to march out of his District, the Captain, or other commanding officer, who shall be present, shall cause the names of all persons who are on tho muster-roll of such company (off" . "rs excepted,) to be written down on small scraps of paper, which shah oe folded up, put in a hat and shaken together, and tho Clerk or Sergeant shall draw out the names of three-fourths of the said company ; and the persons whose names shall be so drawn shall be obliged to march according to tho orders of tho Commander-in-Chief, and tho others shall stay in their respective Districts, and shall do patrol duty, as aforesaid ; but no officer of any company shall be excused from marching with his company, unless by special orders from tho Commander-in-Chief ; and in that case, such officer so directed to stay shall be commanding officer of that part of the company left for patrol duty. If any person whose name is drawn as aforesaid, and is thereby obliged to march out of his District, can provide an able-bodied man, (to be approved by a majority of tho officers of the company to which such person belongs,) completely armed and furnished, according to the directions of this Act, every such person shall bo per? mitted and at liberty so to do ; and upon producing and sending out such able-bodied man in his stead, ho shall be excused from going out or marching in person ; but, nevertheless, shall be obliged to do patrol duty in his District ; and in case of disobedience, neglect or refusal to perform such patrol duty, he shall be liable to the penalty not exceeding seventy-five dollars, as af< esaid. CXXVI. That in time of an alarm, occasioned by insurrection, invasion or rebellion, all field officers and Captains of every company, aro hereby empowered, personally or by their warrants to any inferior officer, to im? press any arms, ammunition, provision, horses, wagons, carts, boats, canoes, pettiangers and vessels, with their furniture, or whatever other things they shall want or need, for the service ot this State : Provided, All such things so impressed be by the said officers brought before three or more impartial freeholders, to be appraised and valued before they bc disposed of for the public service ; and such valuation and appraisement being made, the officer shall give a receipt for the same, if he conveniently can, and the officer is to cause his Clerk to enter the same in a book to bc kept for that purpose ; and the said appraisers shall ascertain any loss Ol damage that shall happen to the thing so impressed, or allow a competen! hire for the same when returned to the owner, as the case shall require, and shall give such appraisement, under their hands, to the owner, directed to the public Treasurers, who shall lay the same before the Legislature ; and the commanding officer or Captain of each company, af ter such alarm is over, and before such company is discharged, shall order as many men as he shall think fit to carry the several things by him impressed to theil respective owners, who, upon the re-delivery of tho sann?, shall give a receipt, and such officer is likewise empowered to draw on tho public Treasury for so much money as ho shall think the carrying of tho several things so returned shall deserve ; and he shall also lodge in some conve? nient and secure place, for public uso, all tho provisions and ammunition impressed hy him, or by his warrant, that shall remain after the alarm : and he shall keep a particular account thereof. CXXVU. That tho Commander-in-Chief for the time being may, in caso of invasion, or other emergency, when he shall judge it necessary, order out any portion of tho Militia of this State, to march to any pari Uiereof, and to continuo in service not more than throe months at any one time, and until relieved, for which he shall make timely provision ; and likewise may, in consequence of an application of the Executive of anj State in the United States, or an invasion or insurrection, or an apprehen? sion of au invasion of such State, at his discretion, order out any numbei of Militia, not exceeding one-third thereof, to such State : Provided, That thc military which shall be so ordered out of this State shall not bi obliged to continue on duty out of tho State more than two months at anj ono time ; and while in actual service they shall receive the same pay ami rations and be subject to the same regulations as the army of the United States: Provided, nevertheless, That volunteers and substitutes Ix allowed in tho place of tho.se ordered out ; and, also, that any offence com? mitted by a Militia ojfice , non-commissioned officer or private, shall b< tried and determined by a court-martial of the Militia officers of this State, and that it shall be in the power of thc commanding officer of the Militia, j?Luotion Sales. D?sirable Building Lot, suitable for Family IHc?llvng. By Levin & Peixotto. ON MONDAY MORNING, January 1, at ll o'clock, wo will soil, at thu Court House, That desirable LOT. situated on the North-east corner of Plain and Marion streets, containing one-half aero, formerly occupied as Hie residence of J. E. Dent. Esq. Terms made known at the time of sale. Dee 29 ?, Huhs. Wagons, Harness, tte. By Levin & Peixotto. WE will sell, on MONDAY MORNING, 1st January, at ll o'clock, at the Court House, without reserve, 1 Team of i Unies, Wagon a od Harnea*. 1 " (J " " " A ESO, .Several single Mules and Horses. Cows, Buggier, kc. Terms cash. Dec L'S Desirable Building Lot for Family Resi? dence. By Levin & Peixotto. ON MONDAY MORNING, at ll o'clock, wc will sell, at tho Court House, All that lot or parcel of LAND, situated on the West sido of Sumter street, mea? suring on .said street 44 feet 3 inches, run? ning West 111) feet 5 inches; hounded on the East by .Sumter street, on tho North by lot belonging tu estate of John Dry ce, on the South by John Yeal, and on tho West by lot of Mrs. Mary Hil legas. Titles pcrfect._ Terms cash. Dee 28 Cottage, Bricht Un rsc, Buggy, Harness, Sulk'j, yt ules. ?kc. By A." B. Phillips. ON MONDAY next. 1st January, at 10 o'clock a. ia., 1 will sell, at thc Court House, A neat COTTAGE, on thc corner of Lau? rel and Wayne stn eis, containing four rooms, with a ?niall kitchen in tho rear. Thc lot fronts on Laurel street 104 feet 4 inches, and on Wayne street about Hi) feet. Al.SO. A lot of very superior Bricks, (estimated by judges to be 130 to 1(10,000) on Mr. McCully's lot, between Laurel and Richland streets, hast side ot Main street. ALSO, Aline Northern Mare, perfectly gentle, and a li jil i t Buggy and Harness. A light Spring Sulky and Harness. And 2 good Mides. Terms cash. Dec 28 COMMISSIONER'S SALE. LEVIN & PEIXOTTO, A UCTIONEEIiS. RICHLAND DISTRICT -INEQUITY. John Logan, George W. Glenn, et ux tl al., vs. Rufus J. Reid, Joseph Clippers, et ur et al.-Bill, for Sale of Real Estate. IN pursuance of tho order of the Court ill the above case, 1 will sell, OH the FIRST MONDAY in January next, at 10 o'clock a. m., ?it the Court House, in tho city of Columbia, S. C., two SQUARES OF LAND in said city, containing lour acres each-one lot bounded as follows: On thu North, by Plain street; on the East, by Winn street; on tbc Soutli. by Washington street; on thc West, by Barnwell street. Th? other square, or lot, bounded as fol? lows: On thc North, hy Blanding street; on the South, by Taylor street; on tho East, by Laurens street; and on the West, by Winn street. Ono of these squares is so situated as.to be a most eligible location for private resi? dences; tho other square, opposite tko depot of thc Colombia and Charlotte Rail? road, is well situated for stores or business establishments. These squares, or lots, will he so sub-dirided as to suit purchasers, a? well thoso who beek investments as thoso who desire to provide themselves a com? fortable homo. A map, with tho lots num? bered, can be soon at my ofiiee. TEEMS.-One-fourth cash; balan?a on a credit of ono. bro and three years, with interest payable annually until tho whole debt bo paid, .secured by bond and mort gage of tho premises. Purchasers to pay for papers. D. B. DKSAUSSUBE, C. F.^li. ! '. Commissioner's Sale. LEVIN?? PEIXOTTO, A UGTIONE?RS. Es parle Melvin M. Sams et ux et at. IN EQUITY-RICHLAND DISTRICT. IN pursuance of the order of tho Court of Equity in this ease, r will sid', before tin; Court I tons:', in tho city of Columbia, on theist MCNDAY in January next, at 10 o'clock :>. m., all that two lots of LAND, situate in the city of Columbia, butting and bounding towards thc North on Waring's lots, towards the South on Chas. Black's lot, towards thc Easton lot of Dr. Samuel Fair, and towards the West on Ri chardson (otherwise called Main) street; measuring in front on Richardson street about 58 feet, mere or less, and in depth about 208 feet, with an alley-way between tho two lots, extending the whole depth of the lots; which, if the lots ?ire Bold to dif? ferent purchasers, will be in common to thc two lots. Upon tho lots were two commo? dious stores, destroyed by fire, the bricks being still upon them. These lot? aro ad? mirably situated for business. TERMS.- -Two-thirds cash; tho balance at the expiration of one year from thc day of sale; to be secured by bond and mortgage of the premises, with interest payable an? nually until thc whole debt has been paid. Purchasers to pay for papers. I). B. DESAUSSURE, Commissioner in Equity Richland Dist. Commissioner's Sale. IN EQUITY-YORK DISTRICT. Robert Boll and wife and others vs. Wm. Ardroy. - Hill for Partition. IN obedience to the decree of tho Coin! of Equity made in this case, 1 will sell, at York Court House, on tho FIRST MON DA?in January next, a TRACT of LAND, situate in York Distnf*, on Sugar Creek, bounded by lands of J. T. Withers, Eliza Stewart and D. 0. IVunet, and containing four hundred aews^aore or less. This is a most desirablehighly productivo plantation. TERMS OP SAES.- A sufficiency of cash to pay tho costs of t,fccBe proceedings; tho balanceT-f tho purc]aa8e money on a credit of onefold two \ea.\s, in equal instalments, with interest fruin (the day of sale, and secured by the bead erf the purchaser, with good sureties and a mortgage of thu pre? mises. W. 1!. MF^TS, C. E. Y. D.