Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1843-12-01
Laos of T'crntOnt-1s43.


section 177th section, I7Sth section, 10Th section,
t50th section, lSlst section S2d section lS3d sec
ton, and article fourth of the 230th section, and
all 6nes and forietures to be paid by the non-com-
Enissioned officers, musicians and priyates when no
other method Of collecting the same is pointed out
by law, shall be collected as follows
The clerk of each company, within five days at
ter each training, muster or drill, or any forfeiture
shall have been incurred, shall make complaint in
writing, against all denquents coming within the
penalties Of this section, to the commanding officer
of the company, in the manner and forms, near
circumstances will permit as now provided by
law The delinquent, who shall be liable for the
fine or forfeure shall be allowed twelve days from
the time of such forfeiture, TO make his excuse to
such commanding officer but it he shall neglect
10 make such excuse, in writing, within the time
aforesaid, il the commanding officer of such
company shall consider his excuse insufficient, it
shall be the duty of such commanding officer to is
sue notification to the delinquent, substantially in
the following form f...
- STATE OF VERMONT, l.tt
To any sheriff or constable in the State, tr
GREETING.
By the authority of the State Of Vermont, you
are hereby commanded to notify of
..-. . +, in the county of that
he is amerced in a fine of the sum Of dollars
cents, (here describe the default and the
time of its commission) and unless he shall pro-
duce to me certificate in writing, from under the
hand Of one of the field officers OF the regiment to
which he belongs certifying that said fine is re-
mited, that execution will issue against him for
the same
Hereof fail not, but make service and return
cordIng to law.
Dated at this day
of in the year
Commanding officer of
! the Company
Which notification shall be served, by being read
in the hearing of such delinquent or by leaving a
copy thereof at his last and usual place of abode
and il shall be the duty of such officer TO make re-
turns of such notification, with his dongs thereon,
within six days from the time OF receiving the
same. 49,
The person upon whom the notification shall be
served, may within six days from the service of
the same, apply to one of the field officers OF the
regiment, for discharge of the said fine and
such field officer shall there upon 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
10 appear and show cause, if any he have, why
such delinquent should not be discharged ; and the
person applying shall give the notice in such a
manner as such field officer shall direct, and shall
satisfy such field officer at the time of hearing that
such notice has been given and such field officer
may. or may not, remit such fine, circumstances
may require. filI f-fl, -it $3.50 .N u"
II such field officer shall not remit the fine of
such delinquent, and deliver him certificate there
of as aforesaid to the commanding officer Of the
issue his execution in the form now prescribed by
law, as near as circumstances will permit. And
the officer, to whom such execution and nothca-
ton is directed, shall have the same powers and
fees in civil process.
When any delinquent shall obtain discharge,
from field officer, from fine, such delinquent
shall pay TO the clerk of the company the fees Tor
the service of notification, before the commanding
officer shall accept such discharge, unless such tees
have been discharged by such field officer. And
in case such delinquent shall neglect, for the space
of twelve days. TO pay the fees aforesaid, the COM
handing officer shall issue his execution for the
fine and costs, which shall be collected, as tho no
such discharge had been obtained from such field
officer.
SEC g. The fines mentioned in the seventy
sixth section, tenth section, one hundred and sew
enty-fifth section, one hundred and seventy-third
section, and one hundred and seventy-fourth sec
ton, shall be recovered by any person aggneved,
before any justice, in action of debt founded on
this statute.
SEC. g. The fines mentioned in the 59th, 9lst,
ODD 94th, 95th, I02d, I03d, l33d, I34th, 18th,
10th, l37th l4lst, and l42d sections, and in all
cases when returns to be made, not herein be-
fore provided for, shall be collected as follows -
The officer to whom any return should have been
made shall demand the same of the officer neglect
ing, 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 10 pay said fine for the
space of ten days, after such demand, the otcer 70
whom such return should have been made, shall
issue his execution therefor TO be directed to any
sheriff constable in the State.
SEo.4 All fines shall belong To the company,
regiment or brigade, to which the persons paying
the same shall respectively belong.
SEE s. Sections 1883, 1874, I85, 1856, ls7, 1873,
ls0, 100 19l, 1872, 1913, 1884, 1885, 1885, 1877, l9S, $780,
300 POI, and 202, of title eleventh, of the act in
relation TO the militia, passed November II, 1872,
be, and are, hereby repealed.
SEC. 6. Section second, of the act aforesaid,
shall be so amended to read as follows
In addition to the persons exempted by the
laws Of the United States, the following shall be
exempted from military duty, upon the payment OF
two dollars to the Treasurer of the town where he
resides, and producing receipt therefor TO the cap.
tain of the company Judges of the Supreme and
County Courts, Judges and Registers Of Probate,
County Clerks, Sheriifs and Sherifs Deputies,
High Bailifs, Constables, and Teachers actually
employed in common schools.
The following shall be Internationally exempted
from military duty, viz.-Ministers of the Gospel
members of the religious denomination Of Quakers
faculties of colleges members OF hire compa-
mics, long such fire companies shall do the
duties prescribed by their bylaws, and shall Keep
themselves furnished with an engine and nppara'
tus all persons who have heretofore been COM
Enissioned in the militia of this State, or in that OF
the United States, and have been honorably dis.
charged officers who may hereafter be commits
sloned in the militia of this State, and shall serve
under a commission Of five years-but no such Of
icer shall be exempt unless he is honorably dis
charged officers of any corps, when it shall be
disbanded, and all staff officers whose offices shall
become vacant by the provisions of the two humid
red and seventy fifth section. 80
SIC z. To the officers of each company Of
light infantry and rihemen, there shall be added
one third lieutenant
SIC. g. The flty-second section Of said aci
shall be amended TO read as follows AL
company officers shall be elected by the written OF
printed votes of the members of said company