| 1811.
CHAP. 182.
Provisos. |
LAWS OF MARYLAND.
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
cost of levying the same, as nearly as may be, and no more; any
person offending herein shall forfeit and pay treble the sum so levied,
to be recovered by the party grieved by indictment or action of
debt of the county court of the county where the offence shall have
been committed; Provided, that no commanding officer of the regiment
or extra battalion, (as the case may be,) shall be obliged to provide
a substitute for any delinquent unless he is of opinion that such delinquent
has sufficient property to pay the expenses of procuring a
substitute; Provided also, that no militia man, having personally
or by substitute served in the militia, shall be obliged to serve again
until by rotation it comes to his turn. |
No militia-man
shall leave him
company under a
penalty of ten dollars,
&c. |
19. AND BE IT ENACTED, That no militia man
shall leave the
company to which he belongs, (except as hereafter excepted,) under
the penalty of ten dollars, unless by consent of the commanding
officer of the company, or unless he shall remove to some other
district, and in such case he shall apply to the commander of such
company, who shall give him a certificate of his being discharged,
under the penalty of a sum not exceeding thirty dollars, and if the
said militia man had been in actual service, shall also certify the
time thereof, and how long he had continued therein, under the like
penalty. |
Substitutes not exempt
from standing
draughts. |
20. AND BE IT ENACTED, That no person serving
as a substitute
for another shall thereby be excused from standing a draught
himself.
See May 1813, ch. 19, s. 7 & 9. |
Arrests for civil
matters. |
21. AND BE IT ENACTED, That no officer, non-commissioner
officer
or private, of the militia, in his attendance at, going to, or
returning from muster, shall be subject to arrest for any civil matter. |
In case suit is
brought for any
thing done under
provisions of this
act, defendant
may plead general
issue. |
22. AND BE IT ENACTED, That if any suit or
suits shall be
brought or commenced against any person or persons for any thing
done in execution of the provisions of this act, the defendant or defendants
may plead the general issue, and give this act and the
special matter in evidence. |
Persons not citizens
of this state
shall not be officers.
Oath of officers. |
23. AND BE IT ENACTED, That no person shall
be a commissioned
officer in the militia of this state, unless he shall be a citizen
of the United States and of this state; and each commissioned
officer hereafter appointed, shall take the several oaths prescribed
by the constitution of this state, and also, previous to their entering
on the execution of their respective duties, take the following
oath or affirmation: " I, A. B. do swear, or affirm, (as the case
may be,) that I will be true and faithful to the state of Maryland,
and I will diligently and faithfully do and perform the several
duties assigned to me, as ____ of the militia of this state, according
to the best of my skill and abilities; so help me God;"
which oaths shall be endorsed on the back of the commission. |
Bystanders insulting
officers or soldiers
may be confined. |
24. AND BE IT ENACTED, That if any bystander
shall interrupt,
molest or insult, any officer or soldier while on duty at any muster,
or shall be guilty of like conduct before any court-martial, the commanding
officer, or such court, may cause him to be confined for
the day, and he shall also be fined not less than one dollar, nor
more than twenty dollars, in the discretion of such court-martial,
as the nature of the case may require. |
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