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Such Commissioned Officer may be degraded and compelled to Serve
in the Militia as a Private Person.
Provided always, that it Shall and may be law full for the Per-
sons appointed by or in Pursuance of this Act, to adjudge or deter-
mine upon any Matter or thing whatsoever in this Act, to admit the
reasonable Excuse of any person tryed before them, and thereupon
to acquit Such Person by their Determination; any thing in this Act
to the Contrary notwithstanding, and that before any Tryal, Adjudi-
cation or Determination of or upon any Matter or thing in this
Act mentioned, all and every the Judges to be Appointed by or in
Pursuance of this Act, Shall take the Oath above prescribed and
directed to be taken by Such Persons as Shall be appointed to Consti-
tute a Court Martial, in Virtue of a Commission for that Purpose
from the Governor or Commander in Chief.
And be it Enacted by the Authority aforesaid that all Fines Pen-
alties and Forfeitures aforesaid Shall be levied by the Sheriff of
the County wherein the Offender shall dwell, upon the Warrant
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L. H. J.
Liber No. 48
May 22
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of the Persons appointed by, or in Pursuance of this Act, to Adjudge
and Determine as aforesaid; and the Sheriff to whom such War-
rant shall as aforesaid be directed, Shall make a Return of the
Same to the Said Persons, by delivering them a Copy thereof, with
an Indorsement Signed by the Sheriff, Signifying how and in what
Manner he hath executed the Same: And the Said Sheriff is hereby
directed to levy, by Distress and Sale of the Goods of the Offender,
the Fine, Penalty or Forfeiture, mentioned in Such Warrant and
also the Established by Law in Such Cases for Executing Such
Warrant, and in Case no Goods of the Offender can be found,
on which to levy the Fine, Penalty, a forfeiture aforesaid the Body
of the Offender shall be taken and kept in Safe Custody, as in the
Case of an Execution by Capias ad Satis faciendum upon a Judg-
ment in a Court of Law and in Case any Person not belonging
to the Militia shall incur any Fine, Penalty, or Forfeiture under
this Act then and in Such Case it shall and may be lawfull for any
Single Magistrate in the County where the Offender shall reside
upon Information or Complaint against such Offender to issue his
Warrant to bring Such Offender before him and upon due Proof
to give Judgment against Such Offender for the Penalty in this
Act Mentioned and by Warrant to direct the Sheriff to levy the
Same, in Manner aforesaid; and the said Sheriff in the execution
of the Said Warrant Shall demean himself in the Same Manner as
before is directed by this Act.
And be it Enacted by the Authority aforesaid, that all and every
the Sum and Sums of Money, which Shall be received, levied and
raised in or by Virtue of this Act, shall be applied to the Support of
the Militia of this Province, and the defraying the Charges and
expences which the Services directed by this Act shall require and
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P. 314
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