1560

BALTIMORE CITY.

General
issue.

SEC. 77. And be it enacted, That if any suit or action shall
be brought or commenced against any person or persons, for any
thing done in the execution of the provisions of this act, the
defendant or defendants may plead the general issue, and give
this act and the special matter in evidence.

Persons
exempt
How ascer-
tained.

SEC. 78. And be it enacted, That nothing in this act shall be
so construed as to subject to the payment of any fine for not at-
tending any of the meetings as prescribed by this act, any person
not liable to perform militia duty under the laws of this state, or
of the United States ; Provided, that the person so exempt shall
prove the same to the satisfaction of the enrolling officer of the
district in which he resides, previous to the first parade as pre-
scribed by this act, or to any court of appeal that shall be held for

Regulation-

the trial of the appeals of the company, of the officers, non-com-
missioned officers and privates as absentees from parade, for said
district, after he may have been enrolled in the same, or after he
may become so exempt from age or other cause, and provided
that the exemption arising from the sentence of such court of
appeal can only take effect for the meeting they are appointed to
decide upon and for any subsequent meeting within the year,
and the commanding officer of the regiment, in whose district
such person shall reside, shall thereupon cause his name to be
Stricken from the muster roll of the company in which he is
enrolled under a penalty not exceeding twenty dollars, in the
discretion of such court martial as the case may require,

Fines, how
collected,
proceed-
ings direct-
ed.

SEC. 79. And be it enacted. That all fines imposed by this
act, or arising from any of its provisions, or from the by-laws
of any company made in pursuance of the same, if not paid by
the delinquent within five days, after demand made, or bill left
at his place of residence, shall be recovered in the name of the
state in the manner following, that is to say, the list of the de-
linquents under this act, or the provisions thereof, with the
amount of the fine or fines by them respectively incurred, cer-
tified by the president of any court martial or any other court,
created or authorized by this act, or by the officer commanding
the division, brigade, regiment or company as the case may be,
shall be considered as a judgment and held to be conclusive evi-
dence of such fine or fines having been incurred, and upon the
said list being presented to any justice of the peace of the city of
Baltimore, it shall thereupon be his duty forthwith to issue an
execution in the name of the state, for the use of such division,
brigade, regiment or company against each delinquent as afore-
said upon such list, which execution shall be directed to any
constable of said city, whose duty it shall be to execute the
same and enforce the payment of such amount with costs, and
from such proceeding there shall be no appeal, other than is
herein before prescribed*