THOMAS SIM LEE, Efquire, Governor.

1793.

as may be; and any perfon offending herein fhall forfeit and pay treble the fum
fo levied, to be recovered by the party grieved by indictment or action of debt in
the county where the offence fhall happen: Provided, That no lieutenant-colo-
nel, or commanding officer of a battalion, fhall be obliged to provide a fubftitute
for any delinquent, unlefs he is of opinion that fuch delinquent has fufficient
property to pay the expences of procuring a fubftitute; and if fuch lieutenant-
colonel or commanding officer fhall be of opinion, that any delinquent has not
fufficient property to pay the expences of procuring a fubftitute, he fhall make
application to a juftice of the peace of the county where fuch delinquent refides,
who, upon fuch application, fhall iffue his warrant to the fheriff of the county
to arreft the delinquent, and imprifon him in the common gaol, there to remain
for a certain time, to be fpecified in the warrant, not exceeding twenty days, and
the fheriff fhall be obliged to keep fuch delinquent in the common gaol, agreea-
ble to the command of the faid warrant, unlefs he fhall agree to ferve, or find a
fufficient fubftitute in his place: Provided alfo, That no militia-man, having
perfonally or by fubftitute ferved in the militia, fhall be obliged to ferve again
until by rotation it comes to his turn.

C H A P.
LIII.

XXI. And be it enacted, That if any perfon or perfons fhall think him, her
or themfelves aggrieved in the feizure of his, her or their goods and chattels,
lands or tenements, or by the executing his, her or their perfon or perfons, he,
fhe or they, may enter an appeal before the juftices of the next county court,
and on the party's giving fufficient fecurity within fix days next after any goods or
chattels, lands or tenements, fhall be feized or diftrained as aforefaid, or his, her
or their perfon or perfons executed as aforefaid, to profecute fuch appeal with ef-
fect, the juftices fhall receive the fame, and ftay further procefs; and the faid
juftices fhall return every fuch appeal on the fecond day of the next term, and
the court fhall direct a trial by jury of the county, as in other cafes of debt,
whofe verdict fhall be final and conclufive, and, except in extraordinary cafes, of
which the court fhall be judge, all fuch appeals fhall be tried at the term to
which fuch returns fhall be made, any law, cuftom or ufage, to the contrary
notwithftanding.

Perfons ag-
grieved may
appeal, &c.

XXII. And be it enacted, That no militia-man fhall leave the company to
which he belongs, and join any other, under the penalty of ten dollars, unlefs
by confent of the captain, or commanding officer of the company, or in cafe of
removing to fome other diftrict within this or any other ftate, and in fuch cafe he
fhall apply to the commander of fuch company, who fhall give him a certificate
of his being difcharged, under the penalty of ten dollars, and if the faid militia-
man had been in actual fervice, fhall alfo certify the time thereof, and how long
he had continued therein, under the like penalty.

No militia-
man to leave
his company,
&c.

XXIII. And be it enacted, That no perfon, ferving as a fubftitute for another,
fhall thereby be excufed from ferving in his turn.

Subftitutes
not to be ex-

XXIV. And be it enacted, That no officer or private of the militia fhall be
fubject to any arreft, either on mefne procefs or execution, or in any other man-
ner, for any civil matter, in his attendance at, going to, or returning from,
mufter.

cufed, &c.

Officers, &c.
not fubject to
arreft, &c.

XXV. And be it enacted, That if any fuit or fuits fhall be brought or com-
menced againft any perfon or perfons for any thing done in purfuance of this act,
the action fhall be laid in the county where the caufe or caufes of fuch action did
arife, and not elfewhere, and the defendant or defendants may plead the general
iffue, and give this act and the fpecial matter in evidence; and if the jury fhall
find for the defendant or defendants in fuch action or actions, or if the plaintiff
or plaintiffs fhall be nonfuited, or difcontinue his or their action or actions, after
the defendant or defendants fhall have appeared, or if upon demurrer judgment
fhall be given againft the plaintiff or plaintiffs, the defendant or defendants fhall
have treble cofts, and have the like remedy for the fame as any defendant or de-
fendants hath or have in other cafes to recover cofts by law.

On fuit, ac-
tion to be laid
in the county,
&c.