ART. 63.] MILITIA. 439

warrant in the name of the State, cause the person to be brought
before him and examine into the facts.

91. Upon its appearing to the justice that the arms and
accoutrements so claimed belong to this State, he shall order
them to be delivered to such officer, and the person holding them
to pay the costs, and may, if necessary, commit such person
until the order be complied with; and if he decide otherwise,
such costs shall be paid by the sheriff of the proper county out
of any militia fines by him collected, and any arms or accoutre-
ments 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.

92. Every officer approving the sentence of any court martial
imposing any fine, penalty or forfeiture, or refusing to remit any
fine specified in this article and left subject to his discretion, or
which shall come to his knowledge or fall under his notice, shall
certify the same to the sheriff of the county in which the delin-
quent resides, and such certificate shall be conclusive evidence
of debt.

93. The sheriff shall collect from the delinquent, or make out
of his property, the amount of the fine, penalty or forfeiture
so certified to be payable, and when collected shall pay over
the same and return under oath to the Treasurer an account
of such fines as he shall collect, and for the recovery of the same
the sheriff shall proceed as in other cases, and retain the per
centum therefor hereinbefore provided.

94. If any suit shall be instituted against any person for any
thing done in the execution of the provisions of this article, the
defendant may plead the general issue and give the special
matter in evidence; and when for the recovery of any fine,
forfeiture or penalty imposed by or under this article it shall be
found necessary to prosecute any suit, the same shall be insti-
tuted 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 accounted for under oath by him as other fines
under this article.