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refusal to give
Ib., 218, 28.
Sec. 7. That if any person of whoin information is required by Penalty for any such officer, in order to enable hirito comply with the provi- information, or sions of law, shall refuse to give such information, or shall give false formation. information, he shall forfeit and pay twenty dollars for each item of Ib., . information demanded of him by any such officer and falsely stated, and a like sum for each individual name concealed or falsely stated; and every person who shall refuse to give his own nawe and proper information, when applied to by any such officer, or shal: give a false name or information, shall forfeit and pay a like sum, such penalties to be recovered in any Court of competent jurisdiction, in : . the name of the State of South Carolina; and it is hereby made thé. duty of such officer to report the names of all persons who may incur any penalty, under this Section, to any Trial Justice in the County for prosecution.
Sec. 8. That whenever an enrollment shall be made the Board County Comof County Commissioners shall cause to be published, once a week publish notice for four weeks previous to the first day of February, in a newspaper has been comwith circulation in the County, or by written or printed placards, to : xempts to fi e in not less than four public places, a notice that such rolls have been ment, vhen. completed and filed as aforesaid; which notice shall also specify that any person who claims that he is, for any reason, exempt from military duty, shall, on or before the 15th day of February next ensuing, file a written statement of such exemption, certified by affidavit, in the office of the Clerk of the Circuit Court; and the publication of such notice shall be sufficient notice of such enrollments to all persons named therein. Such roll shall be made in the form prescribed by the Commander-in-Chief, and the Adjutant General shall furnish all the enrolling officers suitable blanks and instructions for the completion of such enrollment.
Sec. 9. That all persons claiming exemption shall file a written Persons claim. statement of the same, verified by affidavit, in the office of the from military Clerk of the Circuit Court of the County in wbich he resides, on statement with or before the fifteenth day of February, in default of which Ib., a 9. such person shall lose the benefit of such exemption, except such as are especially exempted by this Chapter or by Act of Congress.
SEC. 10. That the person making such enrollment shall, there. Enrolling nfli; upon, if such person be exempt according to law, mark the word "exempt” oppor “Exempt” opposite the name of each person presenting such ex- persons exempt. emption; if such exemption be permanent, the name of such person perjury. shall not be included in any subsequent enrollment. If any person shall swear falsely in such affidavit, he shall, upon proof thereof, be adjudged guilty of perjury in any Court of competent jurisdiction.
Clerk of Court.
cer to enter word
and second class.
Penalty of not
more than $100 ir neglect of officer under this
plaint to be made i
of Circu t.
General to or
Reserve of first Sec. 11. That the persons thus enrolled shall form the reserve Ib., § 11. militia of the State of South Carolina; those over eighteen and not
over thirty years of age:stall constitute the reserve of the first class; and those over thirty and under forty-five years of age shall constitute the reserve of the second class.
Sec. 12. Thai if any officer charged with any duty under the less than $50 nor provisions of this Chapter shall refuse or neglect to perform any of tur neglect of the duties required of him by this Chapter, he shall forfeit and pay Chapt-r. Com- the son of not less than fifty nor more than one hundred dollars by County Com. for each and every offence, to be recovered in the name of the State mais commanding of South Carolina ; and such officer shall, as an additional penalty, ment to Solicitor be deemed guilty of a misdemeanor; and it shall be the duty of
the Solicitor of the Circuit within which said offender resides, upon Ib., ? 12.
the complaint of the commanding officer of the regiment, or on the part of the Board of County Commissioners, to prosecute the same. Any penalty incurred and said, or collected, under this Section, shall be paid into the Treasury of the County for the use of the
military fund of the County. The Adjutant SEC. 13. That the Adjutant General, under the direction of the gunize militiu Commandez-in-Chief, shall organize and apportion' the militia, and briga les, &c. _ the districts therefor, into divisions, brigades, regiments, squadrons, Ib., 219, $ 13.
troops, batteries and companies, and cause the same to be numbered and lettered as nearly in conformity with the laws and regulations governing the army of the United States as circumstances will permit, and may after divide, annex or consolidate the same, and the
districts thereof, as he may judge expedient. mili Sec. 14. That the organized militia of this State shall be known the National as the National Guard of the State of South Carolina, and shall II., & Hd; Con., consist of such divisions, brigades, regiments and battalions, and, in
addition thereto, such batteries of light artillery, and troops and squadrons of cavalry, as the Commander-in-Chief may deem expe
dient; and nothing herein contained shall be so construed as to inry organizations terfere with the power of the Commander-in-Chief, in case of war by the Comman- or insurrection, or of imminent danger thereof, to order drafts of
the militia, and to form new regiments, battalions, brigades or divisions, as he may deem just and proper: Provided, That there shall be no military organizations, or formations for the purpose of arming, drilling, exercising the manual of arms, or military manoeuvres, not authorized under this Chapter, and by the Commander-inChief, and any neglect or violations of the provisions of this Section shall, upon conviction, be punished with imprisonment at hard labor in the State Penitentiary for a term not less than one year, nor more than three years, at the discretion of a competent Court.
Orginized mili. ti to be known
Art. 13, 22.
To be no military organizations not authorized
tant General, if
Ib., 219, 2 15;
sion, &c., Quar
ral, &c., to be
SEC. 15. That an Assistant Adjutant General may be appointed, Assistant Adjuif deemed necessary, by the Governor, by and with the advice and necessary, to be consent of the Senate. His salary shall be at the rate of fifteen" hundred dollars per year, while on duty. The duties of Quarter. Con., Art. 13, ğ 3. master General shall devolve upon the Adjutant General in times of peace.
Sec. 16. That, in case of invasion, ins irrection or rebellion, or ļn case of invaimminent danger thereof, the Governor shall appoint, by and with termaster Gengthe advice and consent of the Senate, a Quartermaster General, appointed. Commissary General and a Surgeon General.
Ib., 16. Sec. 17. That the arms, equipments and munitions of the State Storage of arms, shall be stored under the directions of the Commander-in-Chief, and some
" Ib., 2 17. in such places as he may designate.
Sec. 18. That all officers of the militia (except as herein pro-Officers of mil. vided) shall be appointed and commissioned by the Governor. pointed by GovThey shall draw pay only when engaged in actual service.
Ib., § 18. Sec. 19. That all commissioned officers of the militia may be re- Commissioned moved from office on recommendation by the commanding officer of the their respective brigades and divisions. Removal may also be suspender:
Ib., 2 19. made by decision of a court martial, or retiring or examining board, pursuant to law; and for misconduct any officer may be suspended by the Commander-in-Chief.
Sec. 20. That the militia of this State shall be mustered and Muster and drilled at such times as the Commander-in-Chief or commanding the officers of divisions, brigades and regiments may direct.
to be ap
officersof militia, how removed or
Ib., 2 20.
OF CERTAIN STATE OFFICERS AND MATTERS OF FINANCE.
CHAPTER XVI. Of Certain State Officers.
ditor, Land Commissioner, Commissioner of
OF CERTAIN STATE OFFICERS.
15. To give bond-amount. 16. Duties of Secretary of State. 17. Office hours, 18. Secretary to pay damages on ac
count of any false ce, titicate given
by him. 19. Records, &c., of office of Superin
tendent of Public Works to be transferred to oflice of Secretary. Certified copies of deeds, &c., to be
given by Secretary. 20. Secretary to perform duties of Sur
veyor General. 21. Shall appoint Deputy Surveyors. 22. To make abstract of returns of the
poor to General Assembly.
Attorney General and Solicitors.
Executive Department. 1. What officers compose the Execu.
tive Department of the State
acts, Salary $3,500 per annum. 3. To appoint physician to attend
Charleston jail. 4. To examine, annually, critain
bonds. Officers to provide satis. factory sureties. In case of default
office vacant. 5. To till vacancies in Board of Com
missioner of Downer Fund. 6. To appoint Catawba Indian Agent. 7. May remove officers appointed by
him. To report reasons to General
Assembly 8. Private Secretary of Gover nor to
keep record of official acts. 9. Office of Governor to be exercised
by President pro tem, of the Sen.
ate-whan. 10. By Speaker of House of Represen
tatives-when. 11. General Assembly shall elect a
Governor-wlien, 12. Such Governor shall immediately enter upon duties of office.
Lieutenant Governor. 13. Per diem, salary and mileage of Lieutenant Governor.
23. Salary of Attorney General.
4. To give bond-amount. 25, Duties, 28. Att rney General to file informa
lions, 27. To consult with and advise Solici
tors. 28. Toenforce due application of funds.
Prosecute corporations which fail
to make retuins. 29. Attend General Assembly when
Secretary of State. 14. Salary of Secretary of State Fees
of his office to be paid into state Treasury.
required by either branch. 30. Give advice to State officers. 31. To make report to General Assem
bly. 32. Contingent expenses of civil actions
to be paid and accounted for, 33. No prosecuting officer to receive
fees. 34. Attorney General to account with
Treasurer for all fees, &c. 35. Attorney General and Solicitors to
defend the right of the State.
Sec. 36. To sue for penalties iacurred by 47. Rules. Force to be always prepared any public officer.
to enforce the laws. 37. To examine County offices annu- | 48. Arming of force. Suppression of ally.
riots, &c. Governor may assume 38, Soicitors to attend Circuit Courts.
control. 9, Solicitors' duties in general. May defend persons on trial when pot
Notaries Public. required to prosecute. 40. To furnih Comptroller General 49. Notaries Public to be appointed by statement of debts due the State.
the Governor. Jurisdiction. Term Penalty for neglect.
rights of citizens. Penalty for 51. Seal of office.
5. Not to act in criminal cases. 42. Solicitors to furnish Comptroller 54. Fees of Notaries Pubiic.
Genéral duplicates of their returns.
Commissioners of Deeds. 43. Solicitors to give bond-amount.
55. Governor may appoint CommisState Constable.
sioners of Deeds. Tenure of 01
56. To make oath to faithful performH. Appointment and confirmation of
ance ofduties. Notice of appointState Constable. May appoint as
ment to be given. sistants.
57. Powers of. 15. Powers and duties of Chief and
58. To administer oaths. D puties.
59. Have power to take renunciations 46. Compensation-accou
compose the Ex
Erecutive Department of the State. SECTION 1. The Executive Department of this State is hereby What cfficers declared to consist of the following officers, that is to say: The ecurive DepartGovernor and Lieutenant Governor, the Secretary of State, the State GovernTreasurer of the State of South Carolina, the Attorney General 1865, XIII, 350, and Solicitors, Comptroller General, State Auditor and State Superin- & 1. tendent of Education.
nished with suitable office, called ExecutiveCham
To keep a re.
cial acts. Salary
Ib., 22; Con.,
4, 10, 11, 12, 13,
Sec. 2. The Governor shall be furnished with a suitable office, to Governor furbe called the Executive Chamber, in which all petitions, memorials, able office, called letters, and all other official papers and documents addressed to or ber. received by him, shall be methodically arranged and kept, with proper indexes therefor. He shall keep a record in proper books cord of lofti of all his messages to the General Assembly, of all applications for $3.500 peran. pardon made to him, of all such pardons as may have been granted " by him, and of all communications to the General Assembly re- Art. 3, a 1, 2, 3, lating thereto; of all bills presented to him in obedience to the 14, 15, 16, 17, 18, provision of the Constitution, and of all objections he may make 22 to any of them; of all official communications, proclamations and $1.o.
1868, XIV, 135, orders issuing from his office; and of all other matters which the 1 Bality, 283.
h i Vec., 178; Governor may think it important to preserve. The Governor shall receive an annual salary of three thousand five hundred dollars.
Sec. 3. That the Governor, for the time being, shall have power, p) in each and every year, to appoint some fit and proper person to cond goal in attend as a physician and surgeon on the prisoners confined in the 1820, VI,113 şi. gaol in Charleston County; his attendance to commence on the
19, 20, 21 and
To appoint a 6, warmnuphysician to at