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Session Laws, 1798
Volume 653, Page 62   View pdf image
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1798.

L A W S OF M A R Y L A N D.

C H A P.
C.

Field-officers to
appoint a day,

&c.

XVII. AND BE IT ENACTED, That the field-officer now having, or that may hereafter have,
the command of the militia of Allegany county, be and they are hereby authorised and em-
powered to appoint fome day or days, not exceeding four in each year, for the perfons com-
pofing, or who may hereafter compofe, the militia of faid county, to meet and exercife at fuch
place or places in faid county as the field-officers of faid county may deem convenient, in batta-
lion or companies, as may be moft expedient, inftead of meeting in regiment.

Perfons liable
to fines, &c.

XVIII. AND BE IT ENACTED, That the perfons compofing, or who may hereafter compofe,
the militia of faid county, fhall be liable to the fame fines and forfeitures for not. attending at
fuch meeting or meetings aforefaid as they would have been liable to in not attending the meet-
ings in regiment or battalions.

To be only one
meeting, &c. <

XIX. AND BE IT ENACTED, That the field-officers of faid county fhall not direct more than
me meeting of each battalion in faid county in any one year,

Colonels to
make out lifts,
&c.








XX. AND BE IT ENACTED, That the lieutenant-colonels or commanders of extra battalions
fhall, on. or before the firft day of March in each year, make out three lifts of fines impofed in
virtue of this act, one of which they fhall return to the treasurer of his fhore, another to the
paymafter of the regiment or extra battalion, and the other he fhall deliver to the fheriff of his
county for collection, and take his receipt therefor; and the faid fheriff fhall, on or before the
twentieth day of October enfuing, account for the amount of fuch lilts to the paymafters afore-
faid; and fhould any perfon fo charged with fines refufe or neglect to pay the fame on or before
the tenth day of Auguft in any year, the fheriff is hereby directed and authorised to execute for
the fame, either by diftrefs and fale for the recovery thereof, in the fame manner as is directed
in the collection of the county charges, or in cafe no property can be found, then and in fuch
cafe the faid fheriff may execute the perfon fo chargeable, and confine him in prifon until the
fame is fatisfied, with cofts of imprifonment, or the perfon is otherwife legally difcharged;
and the faid fheriff fhall, for the collection of all fines in virtue of this act, be allowed fix per
cent, commiffion, as a compenfation for his services; and in cafe the faid fheriff fhall refufe or
neglect to pay over any fum or fums or convey received, or which he fhall be anfwerable
for, to the paymafters aforefaid, by the time required by this act, it fhall and may be lawful, and
the feveral county courts are required, upon motion made on behalf of any of the pay-
mafters aforefaid, and on their producing to the court before whom fuch motion fhall be made a
ftated account of the demand, fupported by fuch affidavit or voucher as the court fhall reafonably
require, to order a judgment to be entered, and an immediate execution to iffue thereon againft
the perfon or property of fuch fheriff, to levy and compel the payment of fuch fum of money fo
due and payable, provided that a copy of the demand, and notice, of fuch intended motion, be
delivered in writing to fuch fheriff, or left at his last place of abode, for the fpace of twenty
days previous to the fitting of the court at which fuch application fhall be intended, and that
proof thereof be made to the fatisfaction of the court; and provided alfo, that if fuch fheriff
fhall, in perfon or by attorney, controvert the demand, and defire a jury to be empannelled to
afcertain the fum of money really due and payable, the court fhall, at the fame term, direct a
jury to be empannelled and charged to try and afcertain, whether the faid fheriff be chargeable
with, and liable to pay, any and what fum or fums to the faid paymafters claiming and authorifed
to receive the fame, and the court are hereby empowered and required, upon the verdict of fuch
jury, to pafs judgment upon which there fhall be no writ of error, fuperfedeas, injunction or
appeal, and to award execution thereon as upon other cafes of judgments in faid courts; pro-
vided, that if at the expiration of five days after any perfon is imprifoned under this act, he
fhall fatisfy two juftices of the peace that he is unable to difcharge the faid fine, the faid juftices
fhall and they are hereby authorised to releafe the perfon fo imprifoned, and give a certificate
thereof under their hands and feals, to the fheriff, and fuch imprifonment and releafe fhall be
deemed and taken in full fatisfaction of the fine and fees of imprifonment; and the fheriff fhall
be allowed twenty-five cents per day for every day fuch prifoner fhall be in cuftody, and in cafe
of a difcharge as aforefaid, the faid fheriff fhall lay his account for the per diem allowance before
the levy court of his county, who fhall levy the fame in the county levy.

Paymafters to
pay over, &c.

XXI. AND BE IT ENACTED, That the paymafters, fhall pay over to the lieutenant-colonel, or
commanders of extra batallions, all monies arifing under this act by him received, within thirty-
days after receipt of the fame, and in cafe of refufal or neglect, the lieutenant-colonels, or com-
manders of extra battalions, fhall have the fame remedy againft him as he has againft the fheriffs.

Monies may be
applied, &c.

XXII. AND BE IT ENACTED, That the commanders of regiments and extra battalions fhall
apply fo much of the money arifing from fines to be recovered under this act towards the pur-
chafing of colours, drums and fifes, and the payment of drummers and fifers at regiment, bat-
talion and company meetings, eftablifhed by this law, as will be fufficient to purchafe and provide
the fame, and return an account thereof annually to the treafurer of the weftern or eaftern
fhore; and that the faid commanders pay into the treafury of their refpective fhores fuch balances
as may remain in their hands, after fatisfying the purpofes aforefaid.

One company
of infantry to
each regiment,

&c.

XXIII. AND BE IT ENACTED, That there fhall be one complete company of infantry annexed

to each regiment with this ftate, to be furnifhed with arms and accoutrements at the expence
of the ftate, fo far as ftate may now be in poffeffion of them; that the faid companies fhall
confift of one captain, one lieutenant, one enfign, four fergeants, four corporals, one drummer,
one fifer and fixty-four privates, and fhall be composed of men between the ages of twenty-one
and thirty years (except the commiffioned officers,) taken from the regiment to which faid com-
pany fhall be attached, and fhall always be complete, either by volunteers, or draughts from the
regiment, and the privates and non-commiffioned officers of the faid company as they fhall re-
fpectively arrive at the age of thirty years, fhall be difmifed from the company, and their va-
cancies filled by volunteers, or draughts from the regiment, in the fame manner as the company



 
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Session Laws, 1798
Volume 653, Page 62   View pdf image
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