Opinion
SEPTEMBER TERM, 1790.
Bradford, in support of the judgment, read the proceedings of the Court Martial; and the section of the Militia act, relative to the recovery of fines.
Levy contended, that the Justices had proceeded without jurisdiction; for, their authority under the act was merely ministerial, to issue an execution; whereas they had undertaken to hold plea on the subject matter.
BY THE COURT: — It is an extraordinary objection, to proceed from the defendant, that he had notice before an execution issued against him. The measure was a liberal and indulgent one; and ought not to be discountenanced if in general practice.
Judgment affirmed.
ON the return to a Certiorari, issued to remove the record of the proceedings that were had in this case, before Justices McKnight and Todd, it appeared that the defendant, having been tried by a Regimental Court Martial, for a breach of the rules of discipline, was fined to the value of ten days labour, (£.1 15.) that on an application made by the plaintiff, who acted as clerk of the company, to the Justices, they issued a summons to the defendant; and that, on the return of the process, they gave judgment conformably to the sentence of the Court Martial.