JAMES THOMAS, ESQUIRE, GOVERNOR.

1834.

they may enter an appeal before the justices of the next
county court, and on the party's giving sufficient security
within six days next, after any coods, lands, or tenements,
shall be seized or distrained as aforesaid, or his or their
person or persons executed as aforesaid, to prosecute such
appeal with effect, the justices shall receive the same, and

CHAP. 251.

stay further process: and the said justices shall return every
such appeal on the second day of the next term, and the

whose verdict shall be final and conclusive, and except in
extraordinary cases of which the court shall be judge, all
such appeals shall be tried at the term to which such returns
shall be made, any law, rule, to the contrary notwith-
standing.

Proceedings direc-

ted

Sec. 34. And be it enacted. That in all cases where a mi-
litia man may he draughted, or shall have volunteered to

Draught considered

a soldier

perform a tour of duty under this act, he shall be consider-
ed a soldier, and when called into actual service by the ex-
press command of the Governor, shall be entitled, and then
only, to the same pay and rations as if he was in the service
of the United Stales, and be subject when so called into

service, to the rules and articles of war unless he shall fur-
nish a substitute, and the commanding officer of the uniform
company, if such person belong thereto, of extra battalion

Subject to rules

and attacks of

war

or squadron, or regiment, if he is a draughted militia man,
shall be the sole judge of the qualification of said substitute,
and may receive or reject him at his discretion, and no per-
son subject to do militia duty shall be exempt from being
draughted by reason of his having performed a tour of du-
ty as a substitute.

Qualification of

substitute

Sec. 35. And be it enacted, That the commanding offi-
cer of each company shall appoint and dismiss at his pleas-
ure his non commissioned officers; and if any person so
appointed, shall neglect to do the duties of his appointment,
or refuse or neglect to obey the orders of his superior offi-
cers or any of them, he shall forfeit and pay a sum not less
than five dollars, nor exceeding twenty dollars, in the dis-
cretion of such court martial as the case may require,
which fine shall be collected and paid over by the sheriff of
his county, as other fines are. herein directed to be collected
and paid over by him.

Non commission-

ed officer-how

appointed-pen-

alty for refusing

to serve

Sec. 36. And be it enacted, That in addition to the
company meeting for inspection, hereinbefore directed to be
held by every uniformed and draughted company of the
militia of this State, on the second Saturday of May, in
each and every year, there shall be another meeting of said

Annual drill pa-

rade