1160

LAWS OF MARYLAND.— 1834.

Case arms,
fee. are lost
or destroys

SEC. 20. And be it enacted, That in case any arms or ac-
coutrements, that belong to this state, shall be destroyed or lost,
by the negligence of any member of a militia company to whom
the same were delivered, it shall be the duty of the command-
ing officer of said company to certify and report such loss or des-

Officer to
report to
sheriff.

truction, and the value of the arms so lost or destroyed, to the
sheriff of the county in which the person guilty of such negli-
gence resides, and it shall be the duty of said sheriff to proceed

Who shall
proceed as
under judg-
ment.

forthwith to collect the sum of money, so certified to be the
. value aforesaid, from said delinquent, or to make the same out
of his property, in the same manner that he would or might upon
an execution issued to enforce a judgment debt — and the refusal

Neglect to
produce
arms, &c.
on parade,
deemed
proof of loss
&c.

or neglect to produce said arms and accoutrements, upon any
company inspection day, or to exhibit the same at any other time,
to the commanding officer of his company, by any uniformed or
, draughted militiaman, when thereto required by such officer,
shall be taken and deemed as conclusive proof of the loss or
destruction of such arms and accoutrements, and the certificate
of such officer relative to such loss and destruction, shall be
taken, and by all persons to whom such certificates or any of
them shall be addressed, or who shall be called to act, or decide
thereon.

Officers to
report an-
nually copy
of the lists
issued to
sheriffs.

SEC. 21. And be it enacted, That it shall be the duty of the
commanding officer of each uniformed, and of each draughted
company of the militia of this state, to make and transmit, by
mail, to the adjutant-general, and also to the treasurer of the
western shore, in the month of November, in every year that
he shall command a company, a list of the certificates that he
shall have delivered to any sheriff of this state ; and it shall be

Sheriff to
make dupli-
cate returns
Specifying.

the duty of each sheriff to make duplicate returns, under oath,
annually, in the month of December, of all the money which
he shall have collected from the militia of this state, as and for
fines, forfeitures, and penalties; designating the persons from
whom the same was received ; to what company, battalion,
squadron, or regiment they severally belonged ; and the sums
by them respectively paid, and for what offences, objects, or
cause; and also to transmit one of said returns to the adjutant-
general, by mail, and the other to the treasurer of the western
shore ; and in case any commanding officer of any uniformed
or draughted company of militia, or the sheriff of any county,

Penalty for
neglect.

shall neglect or refuse to perform any duty imposed on him by
this act, he shall be held answerable to the state in double
damages, for any injury or loss occasioned by such neglect or re-

Proceedings
ordered.

fusal ; and proceedings shall be instituted and prosecuted against
such delinquent sheriff, in the name of the state, for the recovery
of such damages, by order of the adjutant-general or governor,
before any justice of the peace of the proper county or city, when