tickets to be door, and re court. court in rela to transmit delinquents the clerk of such court, or to the sheriff, as the case may be: Provided, such application is made before Proviso, the first day of March next, after the said fine shall have been imposed: which said regimental court of enquiry shall order and adjudge, as if such excuse had been offered in due time. And it shall be the Insolvent duty of the sheriffs, having, at the next preceding advertised at county court, advertised the same at the door of the court-house court-house, to return to the Regimental Courts of turned to re Enquiry, such of those tickets, as, by reason of in-gimental solvencies, or other causes, they could not collect, to be examined by the said court, who shall judge Power of such of such insolvencies, and shall direct their clerk to tion thereto. certify a part or the whole of such list, as to them shall seem just: and where it shall appear to such Colonel's duty Courts of Enquiry, that any of the tickets return- tickets, where ed were not collected in consequence of the remo- have removed. val of such delinquent, it shall be the duty of the Colonel to transmit the said tickets to the sheriff, in whose county such delinquent or delinquents may reside, for collection: Provided, the Regimen- Proviso. tal Court of Enquiry shall make an order, on the minute book of their proceedings, to that effect. A Clerk to certi list of all such fines, so to be transmitted by the list of fines so Colonel, shall by the clerk be certified to the auditor and sheriff's of public accounts, together with the receipt which receipt. shall be taken by the Colonel from the sheriff, to whom such tickets were given for collection; which Such receipt receipt shall be good evidence, whereupon to charge charge sheriff. the sheriff therewith; and such sheriff shall be liable for, and proceeded against, in like manner as for other militia fines now directed by law. When Penalty on any Colonel shall fail or neglect delivering such glect. tickets, taking a receipt and transmitting the same to the auditor of public accounts, being instructed so to do, as before directed, by the Regimental Court of Enquiry, he shall for every offence forfeit and pay a sum not exceeding fifty dollars, to be adjudged by the Regimental Court of Enquiry. fy to auditor transmitted, evidence to colonel for ne to set up at 74. The clerks of the respective Courts of En-Duty of clerks quiry in the Commonwealth, shall, at the two suc-court-house cessive courts for their county next following each door, lists of E ed by sheriff as insolvent, &c.and court of en ed by the tickets return Regimental Court of Enquiry, set up, at the front door of the court-house, in alphabetical order, a fair allow and distinct list of all the tickets which may be returned by any sheriff, as insolvent, removed or otherwise, and which may be allowed by said court, and shall note, in such list, against every man's name, the sheriff's return on such ticket. quiry. Compensati en for so do ing. Penalty for neglect. When collec tion of fine may be suspended by order of com. mandant of regiment. 75. Each clerk of the respective Courts of Enquiry, shall be entitled to and receive, for every list so made out and set up as before directed, a sum not exceeding four dollars; and shall, for every failure thereof, forfeit and pay a sum not exceeding thirty dollars, to be adjudged and collected as other Militia fines. 76. If any officer, non-commissioned officer, or private in the Militia, shall heretofore have been fined, or shall hereafter be fined by the sentence of any Court of Enquiry, for any alleged failure of duty, and for want of notice of such fine or by any other sufficient cause, he shall have been prevented from applying to the next succeeding Regimental Court of Enquiry for a remission thereof, it shall be lawful for the commanding officer of the Regiment, upon the application of the person fined, and upon good cause shewn by affidavit, at any time. before the fine shall have been paid, to suspend the collection thereof, by a written order to the clerk of such court, or to the sheriff, as the case may be; Power of next and the next succeeding Regimental Court of Enquiry shall have full power to remit such fine, if it shall appear to them just and proper so to do. The order of the commanding officer, directed as aforedant's order, said to the sheriff, shall be a sufficient voucher to riff to credit entitle him to a credit, on his settlement with the with auditor. Auditor: Provided, That the authenticity of such of such order, order be certified by the court of the county, in Clerk to in- which the sheriff may reside. When the collection if not remit-' of any fine shall have been suspended by the comted, in next manding officer, as is provided for by this act, and the succeeding Regimental Court of Enquiry shall not have remitted the same, it shall be the duty of the clerk of such court, to insert such fine in the regimental court to remit fine so suspended. Comman to entitle she Authenticity how certified. sert such fine, list to be delivered to sheriff. next list which he shall deliver to the sheriff, to be collected and accounted for in the same manner, as if the collection had never been suspended. fines. compelled to in 77. If any person, on whom any fine shall be im- Where effects posed, shall not have any visible property, it shall demquents it be lawful for the sheriff to attach the effects or mo- hands of others may be ney of such delinquent in the hands of any person; attached for and it shall be lawful for such garnishee, to satisfy and pay the amount due on account of such fines; and it shall be a discharge for so much against such delinquent; but, if he shall refuse or fail to pay How garnithe said amount, it shall be the duty of such sheriff, shee may be to summon such garnishee before the nearest jus- pay. tice of the peace for such county, informing him the precise time he shall appear; and if he shall appear, and on oath confess, that he has effects in his hands, or stands indebted to such delinquent, sufficient to satisfy such fine and costs, or if he shall fail to appear, it shall be lawful for the said justice, to award execution against such garnishee, for the amount thereof, or so much as shall appear to be in his hands, including sixty-three cents as a sheriff's fee. fee to such sheriff: Provided, That, before such Proviso, justice shall award any execution for default, he shall require an oath, that such garnishee was duly informed of the time of such application. regiments for non-pay 78. The sheriff of each county shall, on or be- Drafts of comfore the first day of October in every year, pay and mandants of satisfy all drafts of the Colonel or commanding when payable officer of the Regiment, drawn as herein-after di- by sheriffs. rected, for any purpose authorised by law; and, on Remedy afailure so to do, the court of the county, whereof gainst sheriff he is sheriff, shall be and hereby are, empowered ment. and required, on motion of the Colonel or commanding officer of the Regiment, to render judgment against the said sheriff, his executors or a administrators, for the amount of such draft, with the costs of the said motion; upon which judgment, execution shall issue, be endorsed and proceeded on, in like manner as executions are directed by law, in other cases against delinquent sheriffs:Provided, where it shall so happen, that the sheriff Proviso, of any county shall be commanding officer of a is comman where sheriff dant of regi Regiment therein, the officer next in command shall proceed as herein particularly directed. ment. Accounts rendered by commandants of drafts by them. 79. The commanding officer of every Regiment when to be shall, on or before the first day of December, in every year, render to the county or corporation court, an account of all the drafts made by him on the sheriff or collector for such requisites as under this Collector of act he is authorised to purchase or procure; specionerated from fying therein, the particular articles for which such amount there drafts were given; and the passing of such account, by the court, shall exonerate such officer from any claim by the Commonwealth. fines, how ex of, Where tickets to sheriff in 80. If it shall have so happened, that tickets of not delivered fines have not in due time been delivered to the due time, suc- sheriff for collection, any succeeding sheriff shall, ceeding sheriff' to collect. and he is hereby directed to receive such tickets, and shall collect and account for the same in like manner with other fines placed in his hands for collection. Militia fine fund, how ap 81. Whatever fines shall be thus paid into the propriated. public treasury by virtue of this act, shall be held as a fund for defraying the salaries of the officers herein-after mentioned, and equipping and furnishing the Militia with all necessary apparatus, for Separate book the defence and security of the State; and the treasurer shall keep a separate book for the same and the expenditure thereof. for that fund. Provision where fund arising from 82. In all cases where the fund arising on Militia fines, in any Regiment of Militia in this State, fines in any shall not be sufficient for the payment of any draft insufficient to or drafts herein-after to be made by the Commanpay drafts up- dant of such Regiment, in favor of any Adjutant, regiment is on it. Set of colors for each regi. talion. Clerk of Courts of Enquiry, Provost Martial, or Musician, in such Regiment, the same shall be paid out of any money in the treasury arising from Militia fines. 83. The colonel, or commanding officer of the ment and bat: Regiment, shall cause to be purchased, out of the money arising from the fines, a set of colors for each Regiment, and also a set of colors for each Battalion he shall also procure in like manner, for fife or bugle each company, a drum and fife, or bugle horn; and Drum and horn. on the colors and drums, shall be marked the number of the Regiment and the Battalion, together with the name of the county to which they belong. drafts and in be allowed 84. And whereas sundry charges and expenses Credits for are authorised herein: Be it enacted, That the she-solvencies to riff having a draft or drafts from the Colonel, or sheriff, commanding officer of the Regiment, shall be authorised to discharge the same; for which, as well as all insolvencies duly certified by the Clerk of the Court of Enquiry, he shall be allowed on a settlement between the auditor and sheriff. with advice of council to call invasion or in &c. ters, commis. 85. The Governor, with the advice of Council, Governor shall be authorised and empowered, on an invasion or insurrection, or probable prospect thereof, to call out militia, on forth such a number of the Militia, and from such surrection, counties, as they may deem proper; and for the ac- And appoint commodation, equipment and support of the Mili- quarter-mastia, so at any time to be called forth, the Governor, saries, and o with the advice aforesaid, may appoint such Quar- ther staff, &c. ter-masters, Commissaries, and other staff, as to him shall seem proper, and fix their pay and allowances; and shall also take such measures, for procuring, transporting and issuing all orders which may be necessary, as to him shall seem best. Or- Orders, to ders for the militia to be called forth as aforesaid, shall be sent to the commanding officers of brigades, or to the commandants of regiments, or in such other manner as may be deemed expedient, with a notification of the place or places of rendezvous; who shall immediately take measures for detaching the same, with the necessary number and ranks of officers, by detail and rotation of duty. whom to be sent. tive may de proper, from ed upon. 86. And if it shall appear to the Executive, upon where execu calling forth the Militia as aforesaid, that the ne- tach such offi cessary number and ranks of officers will not at- cers, as they may think tend the detachments, for officering them at the places of rendezvous, the Governor with the advice counties callof Council, is hereby authorised and required to appoint such officers as may be necessary, from the counties called upon, as they may think proper, to join the detachments so raised. If a sudden inva- Where counsion shall be made into any county of this Com"ant may call ty command |