The Northern galaxy, and Middlebury people's press. [volume] (Middlebury, Vt.) 1843-1844, 1843-11-29

all nneS auO iOffeitbies W oC pau W
the Ion-commissioned officers, musi-
clans and privates, when no other meth
cd of collecting the same is pointed
out by law, shall be collected as fol-
lows:
The clerk of each company, within
five DAVIS after each training, muster
or drill, or any forfeiture shall have
been incurred, shall make complaint,
in writing, against all delinquents com
ing within the penalties of this section,
to The commanding officer OF the COM
pany, in the manner and forms, as
near as circumstances will permit, as
now provided by law. The delinquent
who shall be liable for the fine OF Tor
fixture, shall be allowed twelve days
from the time of such forfeiture, to
make his excuse TO such commanding
officer but if he shall neglect to make
such excuse, IN writing, within the
time aforesaid, or if the commanding
officer of such company shall CONSIDER
his excuse insufficient, it shall be the
duty of such commanding officer to is-
sue a notification to the delinquent,
substantially in The following form.
STATE OF VERMONT.
To any sheriff or constable in the
state, NhEtIlNu'
By the authority of the Stateof Yer
mont, you are hereby commanded to
notify ,of
in the county of , that he
is amerced in a fine of the sum OF
dollars cents, there des-
cribe the default and the time of its
commission.) and unless he produce a
certfica,a a writing. from under the hand
of one of the field officers of the regiment
to which he belongs, certifying that said
fine is RENTED, that exemption will issue
against him for the same.
Hereof fail not. but make service and
return according TO law.
Dated ut this day OF in
the year
Commanding officer of
the Company.
Which notification shall be served, by
being read in the hearing of such delIn-
quent, or by leaving copy thereof at his
last and usual place of abode and II shall
be the duty of such officer to make re-
turns of such notification, with his doIngs
thereon. within six days from the time Of
receiving the same.
The person upon whom the notification
shall be served, may, within six days from
the service of the same, apply to ono OF
the field officers of the regiment, for
discharge of the said fine f.; and such field
officers shall thereupon notify the clerk OF
the company of the time and place, when
and where, he will hear the excuse of such
delinquent, which shall be within six days
from the time when application shall be
first made. and direct the clerk TO appear
and show cause, if any he have, why such
deinc..ert should not be discharged; and
the prrscn applying shall give the notice
in such manner as such field officer shall
direct, and shall satisfy such field officer
at the lime of hearing. that such notice
has been given and such field officer may,
or may not, remit snch fine, as circum'
stances may require
If such field officer shall not remit the
fine of such delinquent, and deliver him
a certificate thereof as aforesaid, 10 the
commanding officer of the company. the
commanding officer aforesaid shall issue
his execution in the form now prescribed
BY law. as near as circumstances will per-
nit. And the officer, to whom such ex>
ecuiion and notification is directed, shall
have the same powers and fees as in civil
process.
When anv delinquent shall obtain dis
charge, from a field officer, from fine.
such delinquent shall pay to the clerk Of
the company the fees for the service of
the notification, before the commanding
officer shall accept such discharge, unless
such fees have been discharged by such
field officer. And in case such delin-
quent shall neglect, for the space of twelve
days. TO pay the fees aforesaid, the com>
mandins officer shall issue his execution
for the fine and costs, which shall be col
lectcd, as though no such discharge had
been obtained from such field officer.
Sec. ?. The fines mentioned in the
seventy-sixth section, tenth section, one
hundred and seventy>fiflh section, one
hundred and seventy-third section, land one
hundred and seventy>fourth section, shall
be recovered by any person aggrleyed,
before any justice, in an action of debt
founded on this statute.
Sec. The fines mentioned in the 59th,
9Ist, esd. Oath, 95tb, l02d, 103d, l33d,
I34th, l35th, 10th, 18th, 14lst, land l42d,
sections. and in all cases when returns are
to be made, not herein before provided for.
shall be collected as follows The officer
TO whom any return should have been
male, shall demand the same of the officer
negIecting, either personally or in writing,
WITHIN sixty days after the forfeiture shall
have been incurred and if the officer
negecting to make return. shall further
neglect or refuse to pay said fine for the
space of ten days, after such demand. the
officer 10 whom such return should have
been made, shall issue his execution there.
for, TO be directed TO any sheriff or consta.
hle in the STATE