1168

LAWS OF MARYLAND.— 1834.

officer taking or who has taken said oath or affirmation, shall

Report of
ciception.

report the fact to the adjutant-general, when he shall report him-
sol fas herein before directed, or within thirty days after he shall
swear or affirm as aforesaid, if hereafter appointed and commis-

Penalty for
acting with-
out taking,
&c.

sioned ; and if any officer shall act, and yet neglect or refuse to
comply with the provisions of this section, he may be cashiered
and stricken from the rolls by order of the governor, or fined

Cashiered
or fined

$200.

not exceeding two hundred dollars, in the discretion of such
court martial as the case may require, which fine shall be
collected and paid over by the sheriff of the proper county, as
other fines are directed to be, in this act.

Case of
draft.

SEC. 32, And be it enacted. That when any part or parts of
the militia of this state shall be draughted, and called into ac-
tual service, every person draughted as aforesaid, who is not a,
commissioned officer, shall have it in his choice, either to serve
in person, or to find a sufficient person for a substitute, which

Substitute
admitted.

said substitute shall be approved of by the colonel, or command-
ing officer of the battalion or squadron to which he shall belong ;
but if any person not being disabled by sickness, shall neglect

On failing
to appear or
furnish.

or refuse to serve or find such sufficient substitute, in his place,
within three days after notice given to him, the colonel or com-
manding officer of the battalion, or squadron to which such

Officer au-
thorized to
procure
substitute.

delinquent belongs, shall, and he is hereby required to provide,
hire, or procure, on as reasonable terms as may be, a substitute
for such person so refusing or neglecting, and to charge such

Charge
expense.
Recover by
distress.

sum or sums, together with reasonable expenses for procuring
the same to such delinquent, to be recovered by distress and
sale of his goods and chattels, lands and tenements, by warrant
under the hands and seal of any two justices of the peace of the
county where such person resides ; and in all cases where it
shall be necessary to recover any fine or forfeiture, or other
money wherewith any person or persons may become chargea-
ble under and by virtue of this act, by distress and sale, or exe-
cution, of the property of such person or persons ; it is hereby

Sheriff in-
structed in
executing.

declared to be the duty of the sheriff or person executing for the
same, to take such properly, as shall be offered or shewn to such
sheriff or person executing, of the value of such debt and cost;
and if no property shall be shewn or offered, such sheriff or per-
son executing, shall not take in execution any negro or other
valuable property to satisfy a small or trifling fine or sum, if
property of small value can be found, but he shall take such
property if any such can be found as will pay the sum due with

Penalty for
offending
herein.

Discretion
allowed to
officer.

the costs of levying the same and no more or as nearly as may
be, and any person offending herein shall forfeit, and pay treble
the sum so levied, to be recovered by the party aggrieved, by
indictment or action of debt, in the county where the offence
shall happen ; Provided, that no colonel or commanding officer