1174

LAWS OF MARYLAND.— 1834.

.and if refused to be delivered up, on proof of such demand and
refusal, before any justice of the peace, he shall, at the instance

Method of
obtaining
and dispos-
ing of.

of such officer, by warrant, in the name of the state, cause the
person to be brought before him, and examine into the facts ;
and upon its appearing to such justice that the arms or accou-
trements so claimed, belong to this state, he shall order them to
be delivered to such officer, and the person holding them, to pay
costs; and may, if necessary, commit such person or persons,
until such order be complied with; and if he shall decide
otherwiset such costs shall be paid by the sheriff of the proper
county, out of any militia fines by him collected; and any
arms or accoutrements that may be so recovered shall be held
by the corps to which such commissioned officer is attached,
until it shall be ascertained to what corps they belonged, or
until the same be demanded, by order of the adjutant-general,
or other proper authority.

Certificate
required of
sentence of
court mar-
tial.

SEC. 50. And be it enacted, That it shall be the duty of every
militia officer, approving the sentence of any court martial,
imposing any fine, penalty or forfeiture, or refusing to remit
any fine specified in this act, and left subject to his discretion,
or which shall cpme to his knowledge, or fall under his notice,
to certify the same to the sheriff of the county in which the
delinquent resides, and such certificates shall be conclusive evi-

Evidence of
debt.
Sheriff shall
collect

dence of debt; and it shall be the duty of said sheriff to collect
from such delinquent, or to make out of his property the amount
of the fine, penalty or forfeiture so certified to be payable ; and
when collected to pay over the same, and return, under oath, to

Pay over to
W. S. trea-
surer.

the treasurer of the western shore, an account of such fines as
he shall so collect ; and for the recovery of the same, the said
sheriff may proceed as in other cases, and retain the same per
centum for his compensation, that is herein before provided.

Case of suit
for damages

SEC. 51. And be it enacted, That if any suit shall be insti-
tuted against any person or persons for any thing done in exe-
cution of the provisions of this act or of said provisions, the

Plead this
act.

defendant or defendants may plead the general issue, and give
this act and the special matter in evidence ; and when for the
recovery of any fine, forfeiture or penalty imposed, by or in
virtue of this act, it shall be found or deemed necessary to pro-
secute any suit or suits, the same shall be instituted in the name
and recovered to the use of the state ; and when collected by
the sheriff of the proper county, shall be paid over and ac-
counted for, tinder oath, by him, as he is directed to pay over
and account for other fines, by this act.

Officer or
soldier dis.
abled in
service.

SEC. 52. And be it enacted, That any officer, non-commis-
sioned officer, musician or private, of the militia of this state,
who shall be disabled while in the service of this state, shall, as
a remuneration for the injury that he may have received, be