ART. 63.] MILITIA. 433

tenements, by warrant under the hand and seal of any two jus-
tices of the peace of the county where such person resides.

67. In all cases where it shall be necessary to recover any
fine or forfeiture, or other money wherewith any person may
become chargeable under this article, by distress and sale or
execution of his property, the sheriff or other person executing
for the same shall take such property as shall be offered or
shown to him of the value of such debt and costs.

68. If no property shall be shown or offered to the sheriff or
other person, such sheriff or other person shall not take in exe-
cution any negro or other valuable property to satisfy a small
fine or sum if property of small value can be found, but he shall
take such property if any can be found as will pay the sum due,
with the costs of levying the same, or as nearly as may be, and
no more, 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.

69. No colonel or commanding officer of a battalion or
squadron shall be obliged to find a substitute for any delinquent,
unless he is of the opinion that such delinquent has sufficient
property to pay the expenses of procuring a substitute; and if
such commanding officer shall be of opinion that any delinquent
has not sufficient property to pay the expenses of procuring a
substitute, he shall make application to a justice of the peace
of the county where such delinquent resides, who shall there-
upon issue his warrant to the sheriff of the county to arrest the
delinquent and confine him in the common jail, there to remain
for a certain time to be specified in the warrant, not exceeding
twenty days, and the sheriff shall keep such delinquent in jail
unless he shall agree to serve or find a substitute; Provided,
however, that no militiaman having personally or by substitute
served in the militia shall be obliged to serve again until by
rotation it comes to his turn.

70. If any person shall think himself aggrieved in the seizure
of his goods and chattels, lands and tenements, he may appeal
to the Circuit Court for the county, and upon his giving suffi-
cient security within six days next after any goods, lands or
tenements shall be seized or distrained as aforesaid to prose-
cute his appeal with effect, the justice shall stay further process;
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