1834.

LAWS OF MARYLAND.

CHAP 251

missioned officer, and if refused to be delivered up, on proof
of such demand and refusal, before any justice of the peace,
he shall, at the instance of such officer, by warrant, in the

Method of obta

inin and dispos

ing of

name of the State, cause the person to be brought before
him, and examine into the facts, and upon its appearing to
such justice that the arms or accoutrements so claimed, be
long to this State, he shall order them to be delivered to such
officer, and the person holding them, to pay costs and may,
if necessary, commit such person or persons, until such or
der be complied with, and if he shall 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 ac
coutrements 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 older of the Adjutant General,
or other proper authority.

Certificate requir-

ed of sentence of

Court martial

Sec 50 And be it enacted, That it shall be the duty
of every militia officer, approving the sentence of any court
martial, imposing any fine, penalty or forfeiture, or refusing
to remit any fine specified in this act, and left subject to his
discretion, or which shall come to us knowledge, or fall
under his notice, to certify the same to the sheriff of the

Evidence of debt

county in which the delinquent resides, and such certificates
shall be conclusive evidence of debt, and it shall be the duty
of said sheriff to collect from such delinquent, or to male
out of his property the amount of the fine, penally or for
feiture so certified to be payable, and when collected to pay

over the samp, and return, under oath, to the Treasurer of
the Western Snore, an account of such fines as he shall so
collect, and for the recovery of the same, the said sheriff
may proceed as in other cases, and reta n the same per
centum for his compensation, that is herein before pro-
vided

Case of suit for

damages

Sec 51. And be it enacted, That if any suit shall be
instituted against any person or persons for any thing done.
in execution of the provisions of this act or of said provisions,
the defendant or defendants may plead the general issue,

and give this act and the special matter in evidence, and
when for the recoveiy of any fine, forfeiture or penalty mi
posed, by or in virtue of this act, it shall be found or deem-
ed necessary to prosecute any suit or suits, the same shall
be instituted in the name, and recovered to the use of the
State, and when collected by the sheriff of the proper coun-
ty, shall be paid over and accounted for, under oath, by him.