ART. 4.] CITY OF BALTIMORE. 303

764. Any commissioned officer in either of said divisions fail-
ing to perform any duty prescribed by law and to which no
penalty is annexed, shall, for every such delinquency, be fined
not exceeding one hundred dollars, in the discretion of such
court martial as the case may require.

765. All fines imposed by this law, or arising from any of its
provisions, or from the by-laws of any company made in pursu-
ance of the same, if not paid by the delinquent within five days
after demand made or bill left at his place of residence, shall be
recovered in the name of the State in the following manner,
that is to say: the list of delinquents, with the amount of fines
by them respectively incurred, certified by the president of any
court martial, or other court, or by the officer commanding the
division, brigade, regiment or company, as the case may be,
shall be considered as a judgment, and held to be conclusive
evidence of such fine having been incurred, and upon said list
being presented to a justice of the peace for said city, he shall
issue a summons for the party fined in the name of the State for
the use of the third division, or the first division of Maryland
volunteers, commanding him to appear before the said justice,
and warning him that he is liable to an execution against him
for militia fines at the suit of said State, and the said party, if
appearing and claiming it, shall have the benefit of appeal to
the Court of Common Pleas, or of supersedeas on the judgment,
as in cases of small debts; but if the party appear and does not
appeal or supersede, or if he fail to appear and is returned
summoned, the justice shall enter judgment upon said list and
issue execution thereon in the name of the State for the use of
the division, directed to any constable of said city^ whose duty
it shall be to execute the same and enforce the payment thereof
with costs.

' 766. Nothing contained in this law shall be so construed as to
subject to the payment of any fine for not attending at any of
the meetings herein prescribed, any person not liable to perform
militia duty under the laws of the State or of the United States;

Provided, that the person so exempt shall prove the same to the
satisfaction of any court of appeal that shall be held for the trial
of the appeals of the company, of the officers, non-commissioned
officers and privates, as absentees from parade for said district,
after he may have been enrolled in the same, or after he may
have become so exempt from age or other cause; And provided,
that the exemption arising from the sentence of said court of