LAWS OF MARYLAND.— 1834.

1169

of a battalion or squadron, shall be obliged to provide a substi-
tute for any delinquent, unless he is of opinion that such delin-
quent has sufficient property to pay the expenses of procuring a
substitute ; and if such colonel or commanding officer shall be
of opinion that any delinquent has not sufficient property to pay-
the expenses of procuring a substitute, he shall make applica-
tion to a justice of the peace of the county where such delinquent
resides, who upon such application, shall, issue his warrant to

the sheriff of the county, to arrest the delinquent and confine
him in the common goal, there to remain for a certain time, to
be specified in the warrant, not exceeding twenty days ; and
the sheriff shall be obliged to keep such delinquent in the com-
mon goal agreeably to the command of the said warrant, unless
he shall agree to serve, or find a sufficient substitute in his place ;

Warrant to
arrest de-
linquent.
Confine 20
days in jail.

Provided however, that no militia man, having personally or by
substitute served in the militia, shall be obliged to serve again,
until by rotation it comes to his turn.

Having
served,
exempt.

SEC. 33. And be it enacted. That if any person or persons,
shall think him, or themselves aggrieved, in the seizure of his,
or their goods and chattels, lands and tenements or by the exe-
cuting his or their person or persons ; he or they may enter an
appeal before the justices of the next county court, and on the
party's giving sufficent security within six days next, after any
goods, lands, or tenements, shall be seized or distrained as afore-
said, or his or their person or persons executed as aforesaid, to
prosecute such appeal with effect, the justices shall receive the
same, and stay further process ; and the said justices shall return

Appeal al-
lowed in
case of exe-
cution.

every such appeal on the second day of the next term, and the
court shall direct a trial by jury, as in other cases of debt, whose
verdict shall be final and conclusive, and except in extraordi
nary cases of which the court shall be judge, all such appeals
shall be tried at the term to which such returns shall be made,
any law, or rule, to the contrary notwithstanding.

Proceedings
directed.

SEC. 34. And be it enacted. That in all cases where a militia
man may be draughted, or shall have volunteered to perform a
tour of duty under this act, he shall be considered a soldier,

Draft con-
sidered &
soldier.

and when called into actual service by the express command of
the governor, shall be entitled, and then only, to the same pay
and rations as if he was in the service of the United States, and

When in
service.

be subject when so called into service, to the rules and articles
of war, unless he shall furnish a substitute, and the command-
ing officer of the uniform company, if such person belong
thereto, of extra battalion, or squadron, or regiment, if he is a

Subject to
rules and
articles of
war.

draughted militia man, shall be the sole judge of the qualifica-
tion of said substitute, and may receive or reject him, at his
discretion ; and no person subject to do militia duty, shall be
147

Qualifica-
tion of sub-
stitute.