company rolls as aforesaid, he shall forfeit and pay the sum of six dollars for every name by him so refused or neglected to be inserted in his duplicate, to be recovered by the collector of the township, in an action of debt, in any court where the same may be cognizable, with costs of suit, to and for 196 the use of the state; and the said assessors, respectively, shall be entitled to receive in addition to their other fees to which they are entitled by law, the sum of two cents for every name contained in their lists, of all persons between the ages of eighteen and forty-five years, and the said collectors respectively shall be entitled to receive, in addition to their other fees, the sum of two cents for the name of every exempt contained in their respective duplicates, all which fees shall be paid 197 by the county collector out of the exempt fines, and a receipt of such payment with two cents on a dollar, shall be allowed such county collector in his settlement with the treasurer: Provided nevertheless, That all those persons that arrive at the age of eighteen years between the twentieth day of June and the twentieth day of August shall be exempted from said fine for that year.

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30. And be it enacted, That the respective township collectors shall collect the said exempt fines at the same time and in the same manner in which the township quota of other taxes is directed by law to be collected, and if the said township collectors or any of them shall neglect or refuse to pay forward the amount of said exempt fines as 199 aforesaid, the collector of said county shall prosecute for and recover the same, in the manner the state taxes are recoverable: Provided always, 200 That the commissioners of appeals of the respective townships may grant redress in case where any person or persons under eighteen years of age, or above forty-five shall be aggrieved by the

operation of the preceding section, and to any person or persons as aforesaid, entitled to redress, said commissioners are authorized to give a cer- 201 tificate of remission, which certificate the township and county collectors are hereby authorized to receive, and the same shall pass with the trea- 202 surer of the state for so much of the exempt fines returned against such county.

31. And be it enacted, That if any assessor shall neglect or refuse to execute any of the duties enjoined on him by this act, he shall forfeit and pay the sum of thirty dollars for each offence, to be recovered by action of debt with costs of suit by the collector of the county, and if any county col- 204 lector shall neglect or refuse to execute any duty enjoined on him by this act, he shall forfeit and pay the sum of one hundred dollars for each of fence, to be recovered by action of debt with costs of suit, by the treasurer of this state, and applied to the use of the state.

32. And be it enacted, That the exempts created by the twenty-ninth section of this act shall be liable to be drafted in the same manner as the 205 enrolled militia, when called into actual service, and subject to the same fines and penalties.

33. And be it enacted, That the following fees be allowed; to the clerk of every company or 206 troop for duties required of him, such sum as the company court shall deem just and reasonable; 207 to each of the members of the company court, one dollar; to the presiding officer of said court for making the return of the delinquents of said company or troop two dollars, and two cents per mile for making the returns required of him; and the paymasters of the battalions where such officers and clerks belong are hereby authorised to pay the above fees, on a certificate from the presiding 208 officer of the company court; to the brigade board

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for the time they shall necessarily be engaged in the business of the brigade to which they belong, each per day two dollars: Provided, That the expenses of the members of the brigade board shall not be defrayed out of the public monies.

34. And be it enacted, That if any suit shall be brought or commenced against any person for any thing done in pursuance of this act, the venue shall be laid in the county where the cause of action arose, and the defendant in such action may plead the general issue, and give this act and the special matter in evidence,

35. And be it enacted, That the commander in chief of this state, for the time being, may in case 210 of invasion or other emergency, when he shall judge it necessary, order out any proportion of the militia of this state, to march to any part thereof, and continue so long as he may think it necessary, not exceeding two months.

36. And be it enacted, That when a part of the 211 militia shall be called into actual service, it shall be the duty of the captain or commanding officer to divide his troop or company into as many classes as there shall be men required of him, and by lot, 212 enlistment or draft to detach one man from each 213 class, and such draft or detachment shall be officered with such officer or officers, and of such grades as shall be proper, agreeably to military discipline, the tour of duty of which commission214 ed officers, shall be determined by a roaster to be

kept by the adjutant for that purpose; that no non215 commissioned officer or private shall be liable to perform actual service, until it shall become his proper tour agreeably to a roaster of the company, to be kept by the commanding officer of the same, and that no draft or detachment shall be continued in service more than two months at any one time, 216 and if necessary, they shall be relieved by a de

tachment in the manner aforesaid, which relief shall arrive at least two days before the expiration of the term of the detachment to be relieved; but nothing herein contained shall prevent the commander in chief from calling into service the whole or any part of the militia, when the exigen- 217 cies of the state shall in his opinion require it: that the pay of the militia in actual service shall commence two days before marching, and that they shall receive one day's pay and rations for 218 every fifteen miles on their return home; and in requisitions by the president and congress of the 219 United States, the like mode shall be pursued in drafting and turning out the quota of this state.

37. And be it enacted, That it shall and may be lawful for any person called to do a tour of duty to find a substitute, who if approved of by 220 the captain or commanding officer of the compa ny, or passed by the muster-master, may serve in the place of such person.

38. And be it enacted, That when any draft or drafts of the militia shall be called to perform any 221 tour of duty, the majors or commandants of the battalions shall cause. each and every person so called, to be notified of such call, by a written or printed notice being delivered to him personally, or left at his house or usual place of abode, by some officer or other suitable person employed for that purpose by the commanding officer of the said company, at least three days before the time of assembling said militia, unless the commander in chief on a sudden exigency shall think proper to order any part of the militia into immediate and 222 actual service, and then the notice mentioning such special order shall be given for immediate attendance, and any person refusing or neglecting to perform such tour of duty, or to procure a substitute, shall pay a fine not exceeding fifty dollars

223 for every such neglect or refusal; which fines as aforesaid shall be paid to the captain or commanding officer of the company to which such delinquent belongs, and be by him appropriated, under the direction of the commandant of the battalion 224 to which the said company belongs, for the purpose of hiring substitutes to supply the place of the delinquents belonging to the said company; and in case of a surplusage of money arising from 225 such fines, it shall be paid to the paymaster of the battalion. And every non-commissioned officer, whilst engaged in warning the company to which he belongs, under the orders of the commanding officer of the company in case of a call into actual service, shall receive one dollar per day, for the time he may be necessarily engaged in such duty.

39. And be it enacted, That the brigade inspector shall call to his assistance two respectable freeholders, above forty-five years of age, who 226 shall appraise on oath or affirmation the horse of each persen serving as a light horseman, immediately before the time of going into actual service, and describe the age, size, color, and marks of said horse, and enter the same in a book kept for that purpose, and in case such horse shall be killed, or be taken by the enemy, the owner of such horse, or his lawful representative, shall be paid the full value of said horse according to the said appraisement, by an order to be drawn on the certificate of the inspector by the brigadier-general or 227 commanding officer of the brigade, on the treasurer of this state, provided such claim be made in one year after the loss so sustained.

40. And be it enacted, That the quarter-master 228 who shall furnish rations or ammunition for detachments of militia which may be ordered into the service of this state shall lay his account there229 for, accompanied with the receipts of the officer