LAWS OF MARYLAND.

153

and the commanding officer of the,regiment, in whose district such
person shall reside, shall thereupon cause his name to be stricken from
the muster roll of the company in which he is enrolled under a pen-
alty not exceeding; twenty dollars in the discretion of such court
martial as the case may require.

Dec. Ses. 1823

79. And be it enacted, That all fines imposed by this act, or aris-
ing from any of its provisions, or from the bye-laws of any com-
pany made in pursuance of the same, if not paid by the delinquent
within five days, after demand made, or bill left at his place of resi-
dence, shall be recovered in the name of the state in the manner fol-
lowing, that is to say, the list of the delinquents under this act, or
the provisions thereof with the amount of the fine or fines by them
respectively incurred, certified by the President of any court martial
or any other court, created or authorised by this act, or by the offi-
cer commanding the division, brigade, regiment or company as the
case may be, shall be considered as a judgment and held to be con-
clusive evidence of such fine or fines having been incurred, and upon
the said list being presented to any justice of the peace of the city
of Baltimore, it shall thereupon be his duty forthwith to issue an exe-
cution in the name of the state, for the use of such division, brigade,
regiment or company against each delinquent as aforesaid upon such
list, which execution shall be directed to any constable of said city,
whose duty it shall be to execute the same and enforce the payment
of such amount with costs, and from such proceeding there shall be
no appeal, other than is hereinbefore prescribed.

Fines, how
collected pro-
ceedings di-
rected.

80. And be it enacted, That the justice issuing such execution and
the constable serving the same, shall be allowed such fees as are al-
lowed by law, for issuing and serving like process in cases of small

debts.

Executions
and fees.

81. And be it enacted, That the several provisions of this act for
enforcing attendance at parades, obedience to orders and requisitions
of the civil authority, and reports to be made of men and arms, and
the restraining improper or disorderly conduct in officers or others,
the preservation of arms belonging to the state, the enforcing of pen-
alties under company bye-laws, and collection of fines, shall prevail
and be enforced in the cavalry attached to the third and fourteenth
brigades in the like manner as with other militia thereof, but the fines
incurred by company officers and privates shall be applied under the
direction of the commanding officers to the uses of the company to
which they belong and when collected shall be paid over to such per-
son as the commanding officers of the company shall appoint, and
all other fines shall when collected, be paid over to the paymaster of
the regiment and be applied to regimental purposes under the direc-
tion of the commanding officer thereof.

Provisions of
this act ap-
plied to the
cavalry.

82. And be it enacted, That the act for the better regulation of the
militia of the city of Baltimore, passed the sixteenth day of Febru-
ary eighteen hundred and eighteen, with the several supplements
thereto, be and the same are hereby repealed, and all such provisions of
the several militia laws of the state, as shall be found repugnant to
or inconsistant with the provisions of this act, shall cease to have

Former acts
inconsistent
with this act
repealed.

effect within the limits of said division; Provided however, that when-
ever the militia of said division, or any part thereof shall be called
into actual service, they shall in all respects be subject to the like
regulation and orders as the other militia of this state.

Proviso.