Sunbury American and Shamokin journal. [volume] (Sunbury, Northumberland Co., Pa.) 1840-1848, 1844-08-31
MILITIA FINES.


great many inquiries have recently been
made respecting the collections of militia inee,
and the right of Collectors TO imprison deiin.
quents. The following letter from the Attor-
ney General vii! answer many of these inqu-
ries
ATTORNEY GENERAL's OFFICE,
phllada, Aug. 23d, 1914.
WIN, r, Packer, Esq, Auditor Gencrai-
Dear sir II had the honor to receive yester-
day. yours Of the 2lst instant inclosng let
ter from J. II. McCauley, Esq, Clerk Of the
Commissioners of Franklin county, containing
inquiries in relation to the constructions ofcer-
tain portions of the act OF the 25th of April last
in relation to the collection of militia fines, and
hasten to answer the same agreeably to your
request.
These requests are First. Can the Com
mssoners Of the county extnera,e a man for
poverty or must the Collector imPrison him!
Second Can the Collector arrest muors,
or are their parents liable for their fines
Thnd. VIII the State pay the costs Of ar.
resting and imprisoning delnqucn, men
This act of Assembly is designed, as is ex.
prcssy stated in its title, TO provide "a more RI
gid mode for the collection of militia fines" but
although intended for this purpose, it may be
doubted whether it has been very elftctually
attained 1t is in many particulars so defec-
lively drawn as to render it difficult TO execute
all its provisions however, it will be enough
IL consider its defects when questions arise up
on them. So far as relates to the first question,
! can perceive no authority III this act of As
scmbiy vested in the County Commissioners or
any other fuuctonary, TO exonerate man from
payment of militia fine on account of poverty.
The eighth section of the law defines the mode
by which delinquents may exonerate them
selves.
The ninth section points out the mode by
which Collectors may discharge themselves
from liability for certain fines bu; the Legis-
lature does not seem in any part Of this law 10
contemplate that any man who had incurred a
militia fine, might be so poor as to be unable TO
pay it.
In respect TO the second inquiry, think that
minors are not subject to arrest nor do per.
Ceve IN what manner their parents are liable
f'r their fines. 1t is true that the act Of Assem-
bly, makes no distinction between minors above
the age Of eighteen and adults subject to the
performance of militia duty, but in the scven,
section it provides that the Commissioners shall
sue their "warrant to the several Collectors
which shall be similar to that for the collection
of taxes and the said Collectors are required
to proceed TO collect under the same authority
and in all respects as they are authorized TO dc
in case of the collecting Of any county rates and
ipvies"
Upon reference to the forty.fith section OF
the act of the 10Th of April, 1884, entitled "An
act relating to county rates and ievies,' the an.
ihoriy Of Collectors is so expressly defined
"that nothing herein contained shall authorize
the arrest or Imprisonment for nou-paymcnt q
any tax OF any female or infant, &c" Thi:
provision of the law seems TO me fully to war.
rant the opinion have expressed.
In answer to the third inquiry, it appears tc
me that the act of the 18th of April, 1894, &c
which have above referred, in the twenty-frs,
section furnishes our own guide: II is there
in provided that the Collectors shall be author
lied to "take the body Of such delinquent on,
convey him into the Jail ofthe proper county
there 10 remain until the amount of such tax
together with the costs, shall be PAID or secured
10 be paid, or until he shall be otherwise dis
charged by due course oflaw'
This appears to be the only method of obtain
ing the costs, OF arrcstng and imprsoning de
llnquents. am not aware Of any law which
authorizes the responsibility to be cast upon the
State. Yours with great respect, &c. &c.
OVID +. Johnson, Attorney General.