Preble County Democrat. [volume] (Eaton, Ohio) 1857-1859, 1857-04-30
FINES,

officer, musician and private, who shall
refuse to appear fully armed and equip
ped on any day of muster required by
this act, shall for every such refusal or
neglect, pay the sum of one dollar for
: each company muster, and two dollars
/ for each days brigade or encampment
Il muster.
) ASSESSMENT OF FINES BY COMPANY
OFFICERS
Sec. 49, It shall be the duty of the
; commandant of each volunteer compa-
ny, together with the commissioned of
fcers of his company, within ten days
after each days company muster requir-
ed by this act: Provided, in their opin-
: ion, such delinquent should be fined, to
make out a list of delinquents, particu-
larly noting therein the fines assessed
on such member of his company, and
: : for what cause; q copy of which list
shall forthwith be returned to Justice
Of the Peace of the proper township;
y such Justice on receiving such list, shall
= = forthwith issue a summons against such
l delinquent named in such list, naming
=, a sday, not more than eight, nor less
: than three days from the date of such
: summons, in which the defendant shall
appear at the place named in such sum-
mons, before said Justice, and defend,
l and in default Of an appearance, in per-
: son, or by agent or counsel, and show
> ing of alleged defense, such justice shall
render a Judgment in the name of the
State for the use of such company, for
: the amount shown by such list to have
been assessed against such delinquent,
and the commandant of company shall
: call the commissioned officers of his
5 company together, within five days after
/ each company muster, for the purpose
+ of assessing the aforesaid fines; Provid-
ed, That all persons feeling themselves
n aggrieved by the decision of such JUS
: tice, shall have the right to appeal, as
/ in other cases; all such fines to be paid
. over to the county Treasurer, and to go
/ into the military fund.
AMOUNT OF FINES TO BE Ass sEsSED UPON
OFFICERS.
D Sec. 10. That the following shall
s be the amount of fines to be imposed
- - ,,1aoH all general officers, Co!uncis, Liou-
e tenant Colonels, Majors, Captains, Lieu
e. tenants, and non-commissioned staff Off
i GERS, for refusing or neglectinS to dis
c charge any of the duties enjoined on them
o by the provisions of this act, and for re-
is fusing to obey any order Of their supe-
/ rior officers, which fine or penalty shall
n amply to all commissioned staff officers of
II the same rank Of other commissioned
y officers. which staff officers who have vi
) olatcd the provisions of this act, shall be
dealt with as other officers a fine on any
non-commissioned staff officer to be not
less than three dollars, nor over thirty do!-
lars; a fine on any Lieutenant to be not
'e less than four dollars nor over forty dol
4 lars; a fine on any Captain to be not
l. less than five dollars nor over fifty
e dollars; a fine on Major to be not less
: than eight dollars nor over eighty dol
ii lars; fine on 4 Lieutenant Colonel to
J. be not less THAI nine dollars nor over
d ninety dollars; n fine on a Colonel to be
q not less than ten dollars nor over one
= hundred dollars; all Of said fines to be
rs assessed, or imposed by brigade court,
y or court martial, as the case may be, and
/ to be collected as herein provided for;
} hereafter all and any fines imposed upon
n any commissioned staff officers, under
'r the provisions Of this act, shall be col
L lected before any Justice of Peace, in
l. whose township such delinquent may
1e reside. and all such suits shall be brought
II in the name of the State Of Ohio, fol-
L the use of the brigade in which such
II fines were assessed or imposed, and all
a sums under one hundred dollars shall be
'e collected before Justice of the Peace
Il and any fine assessed or imposed for one
hundred dollars or more, shall be col
l. lected before any court having compel
ent jurisdiction, as other like sums, tC
be collected by the brigade inspector, ol
~ any other brigade staff officer, that the
10 commandant of brigade may designate
Z Provided, That suits commenced by the
~ brigade Inspector, or other brigade stai1
officer, shall be for the collection Of fine:
~ on commissioned and staff officers Of
~ his own brigade; Provided, also Tha
u when any fine or fines are imposed by
VI y any court martial, according to the pro
- y visions Of this act, it shall be the duty
!" of the President Of said court to cause
:h I said fine or fines to be collected, as fine
10 are assessed Or imposed by brigade courts
or as herein provided; and any fine imposed
III on any Bragadier General. shall not b
less than fifteen dollars, nor over on'
hundred and fifty dollars, to be col
nd Iected by the Major General or com
nv mandant of division; Provided, Sal
M fine is not imposed by any court mar
ir- tial, and when any Major General shall
of- be fined, it shall not be less than TWEEN
| ty dollars, nor over two hundred dollar
ip-1 to be collected by the commander Il
all chief Provided, also That said fines
all not imposed by any court,martial;; An
vii provided, also, That all fines collecte
eer by Major General, or the commando
,ry in chief, shall be collected agreeable
ed the foregoing provisions of this act, an
be all fines collected under the provision
,ss, of this act, shall go into the militar
me fund belonging to the several brigade
me and all suits brought for the collectlo
ed of fines under the provisions OF this ac
,ol- be brought as other suits at law, and TT
Of defendant may plead the general issu
90 but shall not prove nor refer back
ioh any later date than the date OF such d
linqucncy; Provided, however, Th