ron, regiment or brigade, and also after the exercise is over and before the men are dismissed, call 54 over the muster roll of the said troop or company, noting those who are absent at each roll call, and also all those who are deficient in arms or equipments, and the particular article or articles for want of which they are liable to be fined, and shall ten or more days prior to the day appointed for the meeting of the company court notify either personally or by a written or printed notice given to the delinquent or left at the usual place of his dwelling, the amount of the fine or fines by him incurred, the day when and the place where the company court will meet, and shall deliver a true and particular 56 return of all such delinquents and deficiencies on oath or affirmation, to the president of said com57 pany court, which oath or affirmation shall be in the following form. 55 58 company (or troop as battalion (or squad the case may be) of the And the clerk shall also return the name of every delinquent commissioned officer of said company to the battalion paymaster, noting the species of delinquency, whether of uniform, arms or non-attendance on days of exercise, or on the day appointed for holding said company court, and if there are no delinquencies he shall make a blank return certifying the same, and for neglect of any duty required of him by this section, the clerk shall forfeit and pay any sum not exceeding 59 ten dollars, to be prosecuted for and recovered by the battalion paymaster within whose bounds he resides, with costs of suit before any justice of the peace. 9. And be it enacted, That the commissioned officers of each and every company or troop shall constitute a company court, the officer first in rank 60 shall be president; they shall when convened for business administer to each other the following oath or affirmation : I do swear (or affirm as the case may be) that I will perform the duties of a member of this company court agreeably to the true intent and meaning of the militia law of this state, according to the best of my skill and understanding, without favor, affection or partiality. So help me GOD. 61 And said company court shall meet on the first 62 Monday of August in every year at such place within the bounds of said company, as the captain or commanding officer thereof shall publicly direct, and proceed to hear the testimony and al- 63 legations of all such parties, appearing by themselves or representatives, as have been returned delinquent at the preceding trainings, and impose such 64 fines and forfeitures as in justice and equity this act requires, and in case but one of the officers 65 composing the said company court shall attend, it shall be lawful for the said officer to call to his assistance two respectable enrolled persons from the list of said company, who (having taken the oath or affirmation prescribed by this section) shall constitute the company court and in all things shall 66 be governed by the same regulations as are directed for the other company courts; the presi dent of the said court shall within twenty days there. 67 after make three accurate returns and safely trans68 mit the same, one to the battalion paymaster, one 69 to the brigade paymaster, and one to the judgeadvocate or brigade board, of the names of all delinquents, and the sum imposed on each by the said company court, and in case there were no fines imposed, he shall notwithstanding make and safely transmit blank returns, on which he shall certify that there were no delinquents; and in case 70 any member of any company court shall neglect to attend at the time and place publicly notified, or when met shall refuse to proceed in the duties thereby required of him, he shall forfeit and pay a sum not exceeding ten dollars, and if the president of any company court shall neglect to make out and safely transmit accurate returns as aforesaid, he shall forfeit a sum not less than fifteen, nor exceeding thirty dollars, to be recovered in an action of debt by the brigade paymaster, to be assessed by the brigade board, and collected as by this act is directed for the recovery of fines imposed on delinquent officers. 71 10. And be it enacted, That it shall be the duty of the battalion paymaster on receiving the list of delinquents returned to him by the president of the company court, and on receiving from the said president the fines he may have collected, to write opposite the names of those persons who shall have discharged their fines, paid; and if any 72 delinquent shall neglect or refuse to pay the fine or fines returned against him to said paymaster before the third Tuesday of October then next en. suing, the said paymaster shall immediately there, after deliver the said return list of delinquents to a 73 justice of the peace, who is hereby required forthwith, to issue execution against the person or persons named in said return list (opposite whose 74 76 77 names shall not be written as aforesaid, paid) for the sums annexed to their respective names, with costs, as in case of taxation, directed to one of the constables residing within the bounds of the battalion, and if there be no constable within such bounds, then to any constable of the county, who is required to levy the same of the goods and chattels 75 of the respective delinquents, and to pay the several sums contained in the said execution within thirty days to the said battalion paymaster to whom the said delinquents belong, and for want of goods and chattels to take the bodies of the delinquents, and commit them to the jail of the county, there to be kept until the fines and costs shall be paid. And the certificate of the constable, setting forth that he has in his possession an execution containing a demand against said delinquent for militia fines unpaid, and the exhibition of such execution to the jailor shall be sufficient authority for said jailor to retain said prisoner until discharged by due course of law: Provided nevertheless, That the brigade board or any three of them, the com- 78 manding officer of the battalion or squadron to which he belongs being one, upon being satisfied by the oath or affirmation of the delinquent com- 79 mitted to jail or otherwise, that the delinquent so committed is unable to pay, may grant a superce- 80 deas to release and discharge such poor person from confinement. The form of the execution 81 shall as near as may be, be as follows: To County THE STATE OF NEW-JERSEY, one of the constables of the county of Whereas the persons named in the schedule or list hereunto annexed, have been duly adjudged for deficiency in military duty and equipments, to pay the fines to their names respectively subjoined you are therefore commanded forthwith of their L 1 several goods and chattels respectively within said talion, and for want of goods and chattels, you are commanded to take the body or bodies of the person or persons so deficient, and deliver him or them to the keeper of the common gaol of said county, and the keeper thereof is hereby commanded to receive and safely keep the person or persons who shall be so committed, until they pay the same, or until discharged by order of the brigade board, or otherwise by due course of law: and you are to make return of this execution, with 82 your doings therein unto me within thirty days Given under my next coming; for which this shall be your suffi- in the year of our Justice of the Peace. 11. And be it enacted, That if any money shall remain in the hands of any constable after making sale of the property of a delinquent and paying the fines and costs of such delinquent, such money 83 shall be paid by the constable to the said delinquent; but if he shall refuse to receive the same, then the said constable shall pay the said money to the paymaster of the battalion to which such delinquent belongs, to be by him accounted for in his settlement with the brigade board. And it 84 shall be the duty of such constable after having paid any such money into the hands of the bat85 talion paymaster, immediately to certify the same to the judge-advocate or brigade board, and the 86 fines and forfeitures imposed by this act on minors living with their parents and others having the proper care or charge of them, and those of ap87 prentices shall be paid by their respective parents, |