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XVI. AND BE IT ENACTED, That all able bodied male white persons in this state, between
eighteen and forty-five years of age, shall stand their draught, except as herein excepted, provided
that quakers, menonists, tunkers, and persons conscientiously scrupulous of bearing arms, are not
to be exempt by virtue of this exemption, from standing their draught; and when any part or parts
of the militia shall be draughted or called out of the state into actual service, every liable to draught
as aforesaid, who is not a commissioned officer, shall have it in his choice either to serve in person,
or to find a sufficient person for a substitute, which said substitute shall be approved of by the com-
manding officer of the regiment, or extra battalion, as the case may be, to which he shall belong;
but if any persons, not being disabled by sickness, shall neglect or refuse to serve, or find such
sufficient substitute in his place within ten days after notice given to him, the commanding officer of
the regiment or extra battalion, as the case may be, to which such delinquent belongs, shall and he
is hereby required to provide, hire or procure, on as reasonable terms as may be, a substitute for
such person so refusing or neglecting, and to charge such sum or sums, together with reasonable
expenses for procuring the same, to such delinquent, to be recovered by distress and sale of his
goods and chattels, lands or tenements, by warrant, under his hand, directed to the sheriff of the
county where such person resides; and in all cases where it shall be necessary to recover any fine
or forfeiture, or other money, wherewith any person or persons may become chargeable under and
by virtue of this clause, by distress and sale, or execution of the property of such person or persons,
it is hereby declared to be the duty of the sheriff, or person executing for the same, to take such
property as shall be offered or shewn to such sheriff or person executing, amounting to such debt
and cost, and if no property shall be shewn or offered, such sheriff or person executing, shall not
take in execution any negro or 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 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, in 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, and if such
commanding officer of the regiment or extra battalion, as the case may be, shall be of opinion that
any delinquent has not sufficient property to pay the expense of procuring a substitute, he shall make
application to a justice of the peace of the county where such delinquent resides, who, upon such
application, shall issue his warrant to the sheriff of the county to arrest the delinquent, and impri-
son him in the common gaol, there to remain for a certain time, to be specified in the warrant, not
exceeding twenty clays, and the sheriff shall be obliged to keep such delinquent in the common gaol,
agreeable to the command of the said warrant, unless he shall agree to serve or find a sufficient sub-
stitute in his place; 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, -
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All persons to
stand their
draught, &c.
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XVII. AND BE IT ENACTED, That no militia-man shall leave the company to which he belongs,
except as hereafter excepted, under the penalty of twenty dollars, unless by consent of the com-
manding 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 dis-
charged, under the penalty of a sum not exceeding fifty 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.
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No militia-man
to leave his
company, &c.
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