The spirit of the age. [volume] (Woodstock, Vt.) 1840-1844, 1841-12-10
Aaw9 Of TerunTf.

IAN ACT in addition to the several Acts reg
ualing and governing the Militia OF this State
II is hereby enacted by the General Assembly Of
the State of Vermont, us follows;
SEC. |. The Goth article Of section of chapter
9. and the Sd, .;lh 9Th, 9th, aud 9TH sections Of
chapter IL Of" an act regulating and governing the
militia Of this State passed Nov. |, 1887, tugelh-
or with so much Of chapter of the same act, us
provides for paying officers, non-c,mnissoncd oli-
GERS and musicians, for attending regimental drills,
together with section D. Of chapter oran net pass
ed Nov. 9, 1889, in addition 10 the net Of Nov. J.,
1887, be, and they hereby aro repealed.
SEC. 2. The mode Of proceeding in the collection
Of the fines specified by the lAh 18th, 10th 18th,
18TH Goth, BIS, aud I'D articles of section ! Of
chapter nine Of the act Of Nov l. 1887, and all
fines and iorreiiures 10 be paid by non-ccmmlsson-
ed officers, musicians and prlyH,cs, when no other
mode Of collecting the same is pointed out by law,
shall be as follows: Each non.ccnlmissioncd officer
musician and private, who shall be lnble TO
fine, or who shall have forfeited any sum Of mon
cy set or affixed 10 any default, or offence men,
toned in the several acts regulating and governing
the militia of this state, shall he allowed twelve
DAYS fiom the time Of each forfeiture, to make his
excuse To the captain or commanding officer Of the
company 10 which he may belong, which excuse
shall be in writing and signed by the applicant;
and i, shall he the duty Of snch captain or COM
handing officer. within ten days after the time has
expired in which such excuses nre 10 be made, TO
make and transmit TO the quarter master OF his
regiment report Of each case Of fine or forfeiture
which has occurred in his company, wnere no cx-
cuse has been rendered and Of those where he has
deemed the excuse rendered as insufficient Andon
The receipt of any such report, said quarter mas
tel NAV proceed and collect all such ioleilures
against the several dcnquents therein mentioned,
bv action of debt founded On this statute before
any Justice Of the peace Of the county where such
delinquent resides, competent by law to Try the
same, which suits shall be ia the name Of the
ounrteI-mnster, in his official character, and in
their commencement and prosecution shall he
treated as civil suits and shall all be brought in the
town where the deliuqunt resides.
SEC. g. In the trial Of all such suits, eth
er party shall be entitled 10 trial by jury, but
appeal shall be allowed; and where the presecu
tor recover he shall recover full costs; but in
case the delinquet is acquitted, he shall recover
his costs against the prosecutor, unless II shall APP
near that such delinquent neglected 10 render his
excuse in writing TO the captain or commanding
officer. rs herein before provided, in which case
he shall recover COSTS IN such case, unless SUCH
delinnucnt shall satisfy the justice before whom
such case is tried, that he was in no fault in not
rendering sucn excuse, !, shall be the duty Of said
Justice to tax the costs Of said prosecution against
said delinquent, and issue execution therefor, any .
thing in any law to the contrary notwithstanding.
SEC. 4. In all cases where judgment shall he .
rendered against such Guartcr-aser, or where the
delinnuent SHALL by the justice who tries the suit
be excused from paving costs, the justice shall
fax the legal costs Of said prosecutor. and give
him certified copy oI the same, which bills Of
COSTS. together with all such as may be recovered
against said quarier-masicr, he is hereby directed
10 nav ont of any monies he may collect from de-
lin1uen,s Cor any Of the said fines or iorieiures.
SIC. :. II shall he the duty OF each quarter
master Of the several regiments in ihis siatrou or
before the fr.i d,v Of October annually, 70 ulake