1834

LAWS OF MARYLAND.

CHAP 251

ing the same to such delinquent, to be retoveied by distress
and sale of his goods and chattels, lands and tenements, by
warrant under the hands and seal of any two justices of the
peace of the county where such person resides, and in all
cases where it shall be neccssary to recover any fine or for-
feiture, or other money wherewith any person or persons
may become chargeable under and by virtue of this act,
by distress and sale, or execution, of the property of such

Sheriff instructed

executing

person or persons, it is hereby declined to be the duty of the
sheriff or person executing for the same, to take such pro-
perty, as shall be offered or shewn to such sheriff or person
executing, of the value of such debt and cost, and if no
property shall be shewn of offered, such sheriff or person
executing, shall not take in execution any negro of other
valuable property to satisfy a small or trifling fine or sum,
if property of small value can be found, but he shall take
such property if any such can be found as will pay the sum
due with the costs of levying the same and no more or as

Penalty for offend
ing herein

nearly as may be, and any peison offending herein shall for-
feit, and pay treble the sum so levied to be recovered by the
party aggrieved by indictment or action of debt, in the coun-

Discretion allowed

to officer

ty where the offence shall happen, provided, that no colonel
or commanding officer of a battalion or squadron, shall he
obliged to provide a substitute for any delinquent, unless
he rs of opinion that such delinquent has sufficient property
to pay the expenses of procuring a substitute, and if such
colonel or commanding officer shall be of c pinion that any
deliquent has not sufficient property to pav the expenses of
procuring a substitute, he shall make application to a justice
of the peare of the county where, such delinquent resides,

Warrant to arrest

delinquent

who upon such application, shall issue his warrant to
the sheriff of the county, to arrest the delinquent and con
fine him in the common goal, there to remain for a certain
time, to be specified in the warrant, not exceeding twenty
days, and the sheriff shall be obliged to keep such delin-

Confine 20 days in
jail

quent in the common goal agreeably to the command of the
cient substitute in his place Provided however, that no mili-

Having served
exempt

tia man, having personally or by substitute saved in the
militia, shall be obliged to serve again, until by rotation it
comes to his turn

Appeal allowed in

case of execu-

tion

Sec 33 And be it enacted, That if any person or per
sons, shall think him, or themselves aggrieved, in the seiz-
ure of his, or their goods and chattels, lands and tenements,
or by the executing his or their person or persons, he or