|
excuse in the manner directed by the act to which this is a supple-
ment.
4. And be it enacted, That every person conscientiously scrupu-
lous of bearing arms, shall be exempt from the performance of
militia duty imposed by this act or the art to which this is a sup-
plement, and the payment of fines imposed by this act, on his produ-
cing to the person authorised to collect said fines, in addition to
the certificate of the clergyman, or other person authorised to give
the same, of the congregation to which said conscientious person
belongs, or the oath or affirmation of said conscientious person to
the same effect, a certificate shewing the payment during that year
of five dollars, to the use of either of the dispensaries of Balti-
more.
5. And be it enacted, That all fines imposed by this act or by the
act of which this is a supplement, or arising under any of the pro-
visions of said acts or from the by-laws of any company 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 residence,
shall be recovered in the name of the state in the manner follow-
ing, that is to say: a list shall be made of the delinquents under
this act, and the act to which this is a supplement, or the provi-
sions thereof, with the amount of the fine or fines by them respec-
tively incurred, certified by the president of any court martial or
any other court created or authorized by this act, or by the officer
commanding the division, brigade, regiment or company, as the
case may be; and upon said list being presented to any justice of
the peace, and upon written notice thereof by the said justice, di-
rected to said delinquent or delinquents, judgment shall be given
against them, unless within five days after said notice, the said de-
linquent or delinquents shall shew cause to the contrary thereof; and
if in that time no such cause be shewn, it shall thereupon be the duty
of the said justice to issue forthwith an execution in the name of
the state for the use of such division, brigade, regiment or company,
against each delinquent as aforesaid upon said list, which execu-
tion 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; Provided, That nothing in this clause contained
be construed so as to deprive the said delinquents of the right of
supersedeas and appeal as in all other cases of small debts where
judgments are rendered; Provided also, that on an appeal the judg-
ment of the said justice shall be taken and considered as prima fa-
cia evidence against the party appellant; And provided also, that
the losing party in such case shall be liable to the same costs and
penalties as are now imposed upon the losing party, in all other
cases of like nature, and for the said written notice and service
thereof and proceedings thereon, the same fees be allowed as in
the case of issuing and serving a warrant and other process res-
pectively for the recovery of small debts.
6. And be it enacted, That all the money collected by authority
of this act or the act to which this is a supplement, except the money
collected for the use of a company, shall be paid over monthly by the
collector to the paymaster to whom said money would have been
|
Dec. Ses. 1824
Persons con-
scientious.
Method of
recovering
fines.
May super-
sede.
Provisoes.
Monies to be
paid over and
applied—for-
mer clause
repealed.
|
