The Middlebury people's press. [volume] (Middlebury, Vt.) 1841-1843, 1841-12-14
LAWS OF VERMONT.

l7-An Act in addition 10 the'several acts repu-
lating and governing The Militia of this
State.
1t Is hereby enacted by the General assembly OF
The State Of Vermont, as follows:
Sec. /. Tie 26ih article of section l of chap
Ter 9, and thu Sd, 18th, 9Th, 9Th and 9TH sections
of chapter l1th of "an act regulating and pow
erning the militia of this state" passed Nov. /.
1887, together with 50 much of chapter of the
same ACT as provides for paying officers, non
commissioned officers and musicians. for attend
ing reglmental drills, together with section 5 of
chapter OF an act passed Nov. /, 1887, be and
shey are hereby repealed
Sec. 2. The mode of proceeding in the col
Acton OF the fines specified by the Nth, 18th,
IoIh' Ioth 18th, 10th, 2lst and 22d articles of
section OF chapter OF the act of Nov l. 1887,
and all fines and forfeitures to be paid by non.
commissioned officers, musicians and priyates
when no other mode of collecting the same is
pointed out by law, shall be as follows: Each
nnn-commissioned officer, musician and private,
VINO shall be liable to fine, or who shall have
forfeited any sum of money set or affixed TO auy
default, or offence mentioned in the several acts
regulating and gOrerning the militia of This state
shall be allowed twelve days from the time OF
Such forfeiture, TO make his excuse To The CAPTAIN
or commanding officer of the company to which
he may belong which excuse shall be IN wiring
and signed by the applicant; and it shall be the
duty oil such captain or commanding officer, with
in ten days alter the time has expired in which
surh excuses are 20 be made, 10 make and trans
mt TO The q0arier-master of his regiment de-
tailed report OF each case Of fine or forfeiture
which las occurred in his company, where no
eXcu-e has been rendered, and of those where he
has deemed the excuse rendered as insufficient
And on the receipt of any such report, the said
guarter-master may proceed and collect all such
laes and forfeitures against the several delin-
at,f- L
founded on this statute before any Justice of the
peace Of the county where such delinquent re
sides, competent by law to try the same, which
suits shall be IN the name Of the quarter-masier.
in hls official character and in their commence
mcnt and prosecution shall be treated as civil
suits, and shall all he brought in the town where
The delinquent resides.
Sec s. In The trial of all such suits. either
p:r'y shall be entitled to trial by Jury, but no
appeal shall be allowed and when the prosrcu-
tor RECEIVERS, he shall recover full costs; but in
case the delinquent is acquitted he shall recover
his costs against the prosecutor. unless it shall
appear that such delinquent neglected TO render
his excuse in writing To the captain command
ing oficer, as herein before provided, in which
case he shall recover no costs; in such case, IN
less such delinquent shall satisfy the Justice before
whom such case is tried that he was in no fault
in noI rendering such excuse, it shall be the duly
OF said justice to tax the costs of said prosecu-
tioh against SAID delinquent, and issue execution
therefor, anything in any law TO The contrary
notwithstanding.
Sec. 4. In ali cases where Judgment shall be
rendered against such quarter, master, or where
the delinquent SHALL BY the Justice who tries the
suit, be excused from paying costs, the justice
shall tx ttelega costs Of said prosecutor. and
give him certified copy Of the same, which bills
OF costs together, with such as NAV be recovered
against said qu1rter-master, he is hereby directed
10 pay out OF any monies he may collect from de-
llnqlenis for any of the said fines or fnrfeitures
Sec. 5. 1t shall be the duly of each quarter
master of the several regiments in this state on or
before the first day of October annually, TO make
and transmit return, verified by his OATH 10 the
quar- er-master- general containing the following
particulars, 10 wit:
LIST. The name of each delinquent against
whom he commenced suit the preceding year !;
the event of such suit; what sum as fine or pen
ally, and what as costs was recovered by him
against said delinquent, or what said delinquent
recovered against him, who was excused with
out casts, and who paid COSTS, though no fine or
forfeiture was recovered.
I'd. The n3me of each such case where he has
collected the money on the Judgment in his favor
and each one where such Judgment is not collect
ed, and The reason why; and also state the amount
of money by him paid TO any delinquent who has
recovered judgment against him, and the true
bdldnce vi mOneY arising from oil Sucn Cases, Ill
his hands, belonging to the State, OF the balance
due him over what he has collected
81. A full statement of all the public military
property belonging to his regiment on the first
day Of September Previous also of all monies in
his hands, derived from any other sources than
those mentioned in the Isl and ID particulars
above, or which he may have had in his hands
during the last preceding Year-and each dis
bursement by him made, and for what purposes.
from said monies; especially stating what must
cal instruments have been purchased and the
amount paid for each.
Which return the quarter-master-general shall
preserve in his o1ice-and any neglect OF any
reglmenial quaiter-master, to make the return 5y
this act required, shall be breach of his official
bond
Sec. 6. In all actions brought upon this stat
ute, the writs shall run against the body of the
delinquent, and in each execution issued on
Judgment recovered against such delinquent the
justice signing it shall certify that the Judgment
was rendered in suit brought TO recover fine
or penalty.
pc. T. Ire quartermaster-general is hereby
autholized 10 draw an order on the treasurer of
this Stale, IN favor of any reginental quarter
master, for any balance which he NAV have bpen
compelled to pay over what he has collected. or
with due diligence might have collected on iudg-
ments recovered, in his prosecutions under this
act for fines and penalties.
Approved Nov II, lS4l.