192

LAWS OF MARYLAND;

1812.

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 for-
feiture or other money wherewith any person or per.
sons 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 de-
clared to be the duty of the sheriff or person execut-
ing for the same, to take such property as shall be
offered or shewn to such sheriff or person executing,
amounting to such debt and costs; and if no proper-
ty shall be shewn or offered, such sheriff or per-
son 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 in-
dictment or action of debt in the county court where

Proviso.

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 pro-
vide a substitute for any delinquent unless he is of opi-
nion 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 his
company, &c.

19. AND BE IT ENACTED, That no militia-
man shall leave the company to which he belongs (ex-
cept 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 cer-
tify the time thereof, and how long he had continued
therein under the like penalty.

Persons serving
as substitutes.

20 AND BE IT ENACTED, That no person
serving as a substitute for another, shall thereby be
excused from standing a draught himself.