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title: 'The daily phoenix. (Columbia, S.C.) 1865-1878, December 31, 1865, Image 6',
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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
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,
D?sirable Building Lot, suitable for Family
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 " " "
.Several single Mules and Horses.
Cows, Buggier, kc. Terms cash. Dec L'S
Desirable Building Lot for Family Resi?
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
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.
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.
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
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
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
D. B. DKSAUSSUBE, C. F.^li. ! '.
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.
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
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.