ART. 63.] MILITIA. 425

47. The refusal or neglect to produce said arms or accoutre-
ments upon any company inspection day, or to exhibit the same
at any other time to the commanding officer of his company, by
any uniformed volunteer or drafted militiaman when thereto re-
quired, shall be conclusive proof of the loss or destruction of the
same by such volunteer or militiaman.

48. The commanding officer of each uniformed volunteer com-
pany and of each draughted company of militia shall make and
transmit by mail to the adjutant general and to the Comptroller,
in the month of November in every year he shall command a
company, a list of the certificates that he shall have delivered to

any sheriff.

49. Bach sheriff shall make duplicate returns under oath annu-

ally in the month of December, of all the money which he shall

have collected from the militia of the State for fines, forfeitures

and penalties, designating the persons from whom received, to

what company, battalion, squadron or regiment they severally

belonged, and the sums by them respectively paid, and for what

offences, object or cause, and shall also transmit by mail one of

said returns to the adjutant general and the other to the Comp-

troller.

50. If any commanding officer of any volunteer or draughted
company of militia, or the sheriff of any county, shall neglect or
refuse to perform any duty imposed in this article, he shall be
answerable to the State in double damages for any injury or loss
occasioned by such refusal or neglect 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, where the sum claimed does not exceed
one hundred dollars, or in the Circuit Court for the county where
the sum claimed exceeds one hundred dollars.

51. The damages which may be recovered in such proceedings
against the commanding officer of a regiment shall be collected
by the sheriff of the proper county and be by him paid over to
the Treasurer, and the damage which shall be recovered against
any sheriff shall be collected by such civil officer as the adjutant
general shall designate for the purpose, and such officer shall
forthwith pay over the same to the Treasurer, after deducting a
commission of ten per centum therefrom.