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Title: Ok Who Is a Lawyer...I need to sue the government for saying I am a militia member and harrassment
Source: [None]
URL Source: [None]
Published: Jan 8, 2010
Author: A K A
Post Date: 2010-01-08 18:55:17 by A K A Stone
Keywords: None
Views: 1060
Comments: 62

Ok this has been going on for years. Someone in the city put my name in a database saying I am a militia member. Well I am not and never have been. This has caused me some problems. They also have it in their database that my wife is militia. Well I have seen the govt flyers that say militia is terrorists. So basically they are saying I am a terrorist. I am looking to sue the city for this defamation and slander. It has also caused the police to harrass me and not file charges in cases that I wished to persue. The prosecutor in a case I am involved in has even told my attorney that I am a militia member. I am serious about this. So if there are any attorneys out there. Please contact me privately and we can talk about this. Looking for suggestions.

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#22. To: christine (#20)

no not yet, most times I end up listening to the archived shows on my MP3 player, Rule of law and Agenda 21 are my two favorites and Gary Johnson does killer interviews on his Live and let live show. and any way john e law seems to steer clear of me.


The best gun to have, is the gun you have, when you need a gun.

IRTorqued  posted on  2010-01-08   23:27:29 ET  Reply   Trace   Private Reply  


#23. To: Esso (#21)

What you may refer to as legal mumbo jumbo is to somebody else's right to contront those who are assassinating their character behind closed doors and probably concocting up secret files. Such techniques like this actually exist in public universities.

purplerose  posted on  2010-01-08   23:28:01 ET  Reply   Trace   Private Reply  


#24. To: A K A Stone (#0)

Someone in the city put my name in a database saying I am a militia member.

OOPPSS! They placed you in the wrong category: the "Militia" ... they meant: "Mossad."

Well, both start with "M" ... so close, 'eh?

“Gold is the money of kings; silver is the money of gentlemen; barter is the money of peasants; but debt is the money of slaves.”

buckeroo  posted on  2010-01-08   23:29:59 ET  Reply   Trace   Private Reply  


#25. To: purplerose (#19) (Edited)

to save time go after the respondent superior as they are accountable for the actions of their underlings. see also 42 U.S.C. § 1983.


The best gun to have, is the gun you have, when you need a gun.

IRTorqued  posted on  2010-01-08   23:33:23 ET  Reply   Trace   Private Reply  


#26. To: buckeroo (#24)

Close enough for government work.

Godfrey Smith: Mike, I wouldn't worry. Prosperity is just around the corner.
Mike Flaherty: Yeah, it's been there a long time. I wish I knew which corner.
My Man Godfrey (1936)

Esso  posted on  2010-01-08   23:39:24 ET  Reply   Trace   Private Reply  


#27. To: IRTorqued (#25) (Edited)

I am well familar with 42 USC Section 1983,1984, 1985 and 1986 claims. For brevity you never invoke respondent superior when you are making a 42 USC claim unless suing public servants in their official capacities to claim permanent injunctive relief. The Respondent Superior clause is nothing more than a strategy attempt for the opposing counsel to motion to dismiss (or motion to demurrer) of a legitimate complaint based on their defense that their clients were just doing their jobs under cloak of authority. You do not invoke respondent superior when suing public servants in their individual capacities. Never. They not only need to be held personally accountable but need to get their own attorneys instead of using state funded lawyers at taxpayer expense to obvuscate a legitimate lawsuit and thwart the law.

purplerose  posted on  2010-01-09   0:04:26 ET  Reply   Trace   Private Reply  


#28. To: A K A Stone (#0)

Someone in the city put my name in a database saying I am a militia member.

Really? To what database ado you refere?

I'm not aware of a "militia" database. Please refer me to that database.

To others that have taken the "bait:" Shame on you.

And you call me paranoid.

rack42  posted on  2010-01-09   0:16:32 ET  Reply   Trace   Private Reply  


#29. To: rack42 (#28)

I'm not aware of a "militia" database. Please refer me to that database.

There is such a database. It is referred to as secret files or documents that government servants create and then store in filed compartments and disseminate to third parties ( law enforcement, employers, etc.,) concerning an individual, for reasons such as retaliation or blackmail. Such practice does exist as a means to make that individual a non-person. It is a soviet style tactic that was used on citizens who protested against their government.

purplerose  posted on  2010-01-09   0:27:27 ET  Reply   Trace   Private Reply  


#30. To: purplerose (#29)

That's news to me.

Thanks for the info.

One more thing for me to track.

jeez.

rack42  posted on  2010-01-09   0:45:50 ET  Reply   Trace   Private Reply  


#31. To: All (#30)

Change your name through legal means then declare under under your old name your death via the www.

You'll virtualy dissapear.

rack42  posted on  2010-01-09   0:57:41 ET  Reply   Trace   Private Reply  


#32. To: purplerose (#27)

you are most correct.


The best gun to have, is the gun you have, when you need a gun.

IRTorqued  posted on  2010-01-09   0:59:48 ET  Reply   Trace   Private Reply  


#33. To: A K A Stone (#0)

You don't identify your city or the database. Who runs this database? Have you contacted the owner/administrator of this database?

Shoonra  posted on  2010-01-09   1:08:27 ET  Reply   Trace   Private Reply  


#34. To: Shoonra (#33)

He can't.

“Gold is the money of kings; silver is the money of gentlemen; barter is the money of peasants; but debt is the money of slaves.”

buckeroo  posted on  2010-01-09   1:10:38 ET  Reply   Trace   Private Reply  


#35. To: buckeroo (#34)

not without his family militia membership card anyway.


The best gun to have, is the gun you have, when you need a gun.

IRTorqued  posted on  2010-01-09   1:26:06 ET  Reply   Trace   Private Reply  


#36. To: IRTorqued (#35)

Exactly. AKA intentionally spammed 4um with this BS because "his" bought and paid-for web-site is boring. I never look at it. Why? I don't like AKA's unobjective demeanor.

I would rather chit-chat with Jethro Tull, which is one of the most difficult things in my life. Then again, I am blessed.

“Gold is the money of kings; silver is the money of gentlemen; barter is the money of peasants; but debt is the money of slaves.”

buckeroo  posted on  2010-01-09   1:32:19 ET  Reply   Trace   Private Reply  


#37. To: buckeroo (#36) (Edited)

lol he was just trying to give the short bussers an echo chamber to mingle in without having to answer any tough questions while sally was serverless.


The best gun to have, is the gun you have, when you need a gun.

IRTorqued  posted on  2010-01-09   4:21:01 ET  Reply   Trace   Private Reply  


#38. To: rack42 (#31)

Are you serious? A name change, and then declare you are dead via the web?

Brilliant strategy.

It is better to be hated for what you are, than loved for what you are not. - Tommy The Mad Artist.

TommyTheMadArtist  posted on  2010-01-09   4:21:13 ET  Reply   Trace   Private Reply  


#39. To: Shoonra (#33)

The police department. Everytime I get pulled over for speeding or whatever. It is like so your in the militia huh.

www.libertysflame.com

A K A Stone  posted on  2010-01-09   8:20:49 ET  Reply   Trace   Private Reply  


#40. To: buckeroo (#36)

Buckeroo. It is good to know that when the chips are down. You side with the government. Your just hot air. A story teller.

www.libertysflame.com

A K A Stone  posted on  2010-01-09   8:27:49 ET  Reply   Trace   Private Reply  


#41. To: A K A Stone (#0)

File a Freedom Of Information request for your records in this supposed database. Unless you are a currently targeted terrorist suspect or a targeted member of organized crime, they have to release the records.

I suspect this is all in your head or you have other motives.

I also think any lawyers on 4um are smart enough to know better than to identify themselves to someone like you for obvious reasons.

TooConservative  posted on  2010-01-09   8:49:19 ET  Reply   Trace   Private Reply  


#42. To: Dakmar (#9)

Hi Dragmire,

Thank you for your most insightful commentary.

Please feel free to give yourself a cookie (pat on the head or scratch behind the ear..lol).

Yours in Observing Brevity as the Essence of Humor,

P.H.

In effect, it’s (The Holacaust Inc.) become like a grotesque doll wielded by witch doctors, used to keep individuals from asking too many questions, from thinking for themselves and stepping out of line.

PatrickHenry  posted on  2010-01-09   10:00:28 ET  Reply   Trace   Private Reply  


#43. To: PatrickHenry (#7)

In my state, every able bodied man between the 18 & 45 are considered "part of the militia".

isn't this supposedly the case via the Bill of Rights/2nd A in all 50 states? are you in California?

also, that's an interesting solution dropping a middle name/initial. i'd not heard that before.

christine  posted on  2010-01-09   11:49:35 ET  Reply   Trace   Private Reply  


#44. To: christine (#43) (Edited)

in part

The Militia Act of 1792, Passed May 8, 1792, providing federal standards for the organization of the Militia.

An ACT more effectually to provide for the National Defence, by establishing an Uniform Militia throughout the United States.

I. Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That each and every free able-bodied white male citizen of the respective States, resident therein, who is or shall be of age of eighteen years, and under the age of forty-five years (except as is herein after excepted) shall severally and respectively be enrolled in the militia, by the Captain or Commanding Officer of the company, within whose bounds such citizen shall reside, and that within twelve months after the passing of this Act. And it shall at all time hereafter be the duty of every such Captain or Commanding Officer of a company, to enroll every such citizen as aforesaid, and also those who shall, from time to time, arrive at the age of 18 years, or being at the age of 18 years, and under the age of 45 years (except as before excepted) shall come to reside within his bounds; and shall without delay notify such citizen of the said enrollment, by the proper non-commissioned Officer of the company, by whom such notice may be proved. That every citizen, so enrolled and notified, shall, within six months thereafter, provide himself with a good musket or firelock, a sufficient bayonet and belt, two spare flints, and a knapsack, a pouch, with a box therein, to contain not less than twenty four cartridges, suited to the bore of his musket or firelock, each cartridge to contain a proper quantity of powder and ball; or with a good rifle, knapsack, shot-pouch, and powder-horn, twenty balls suited to the bore of his rifle, and a quarter of a pound of powder; and shall appear so armed, accoutred and provided, when called out to exercise or into service, except, that when called out on company days to exercise only, he may appear without a knapsack. That the commissioned Officers shall severally be armed with a sword or hanger, and espontoon; and that from and after five years from the passing of this Act, all muskets from arming the militia as is herein required, shall be of bores sufficient for balls of the eighteenth part of a pound; and every citizen so enrolled, and providing himself with the arms, ammunition and accoutrements, required as aforesaid, shall hold the same exempted from all suits, distresses, executions or sales, for debt or for the payment of taxes.


The best gun to have, is the gun you have, when you need a gun.

IRTorqued  posted on  2010-01-09   13:20:41 ET  Reply   Trace   Private Reply  


#45. To: IRTorqued (#44)

uh huh. what gd'd piece of paper?

christine  posted on  2010-01-09   14:56:29 ET  Reply   Trace   Private Reply  


#46. To: christine (#45)

who is whorge baalzabush?


The best gun to have, is the gun you have, when you need a gun.

IRTorqued  posted on  2010-01-09   15:04:40 ET  Reply   Trace   Private Reply  


#47. To: Shoonra (#33)

Not going to either. It isn't important for anyone to know this.

www.libertysflame.com

A K A Stone  posted on  2010-01-09   16:49:51 ET  Reply   Trace   Private Reply  


#48. To: TooConservative (#41)

in this supposed database

lol....You should stop listening to sukeroo.

www.libertysflame.com

A K A Stone  posted on  2010-01-09   16:50:43 ET  Reply   Trace   Private Reply  


#49. To: A K A Stone (#48)

Do you have a Ron Paul bumper sticker or GOA/NRA stuff on your vehicle?

Vanity plate? Check the letter combinations for a militia-type connection. Does your plate have the number 83 or 88 in it?

TooConservative  posted on  2010-01-09   17:14:42 ET  Reply   Trace   Private Reply  


#50. To: TommyTheMadArtist, christine (#16)

There is an interesting thread on LP about this very thread. I think the poster comment makes an interesting point.

I nominate Obama for the Chernobyl Prize.

PnbC  posted on  2010-01-09   17:19:08 ET  Reply   Trace   Private Reply  


#51. To: PnbC, all (#50)

There is an interesting thread on LP about this very thread. I think the poster comment makes an interesting point.

#15. To: Murron, WhiteSands, Mel_Living (#14)

You make a good point, I'm sure they have 'lists' for just about any of us who dare speak ill of their treason and corruption.

I think Missouri is one state that profiles "militia Members" and "certain political activists." There are others, I feel sure.

I was also read about the one on one forum that eluded to his name being on some type of "Federal" list, but he could never find out just which and where in order to get it taken off. It caused him all kinds of personal problems with credit reference, banks and etc.

WhiteSands: I see no problem with this thread being here, if for no other reason it will make those who ARE NOT aware that this CAN and PROBABLY WILL happen to them depending on what groups they join, where they post, with whom who participate and etc.

Actions Have Consequences!

I wonder if Gatlin uses salt as he's licking the arse of government. He'll be standing along side of Whitesands, yukon and Mad Dog, among others at LP, waving their Chinese made American flag as the troops march through their towns when the government decides to declare martial law.

I bet he'll even have his own list of people to turn in.

"The Central Intelligence Agency owns everyone of any significance in the major media." ~ William Colby, Director, CIA 1973–1976

The purpose of the legal system is to protect the elites from the wrath of those they plunder.- Elliott Jackalope

"When plunder becomes a way of life for a group of men living together in society, they create for themselves in the course of time a legal system that authorizes it and a moral code that justifies it." - Frederic Bastiat

F.A. Hayek Fan  posted on  2010-01-09   17:56:59 ET  Reply   Trace   Private Reply  


#52. To: PnbC (#50)

Funny that he would delete a thread about this on his own website, but yet post it here isn't it?

Funnier still that this topic is of interest to the clowns over on LP.

A game is being played.

It is better to be hated for what you are, than loved for what you are not. - Tommy The Mad Artist.

TommyTheMadArtist  posted on  2010-01-09   19:48:48 ET  Reply   Trace   Private Reply  


#53. To: PatrickHenry (#42)

That's a hell of a way to treat someone who was agreeing with you. Would bttt have made more sense?

In 2007, the FBI reported on concern about white supremacists recruiting soldiers, saying "hundreds" of neo-Nazis were in the active military. But in April, a Department of Homeland Security report on extremism that reiterated much the same point was widely criticized by veterans groups and some conservative politicians as being unpatriotic, leading the Justice Department to retract the DHS report.

Critics acknowledge that extremism in the Army is a touchy political subject.

Dakmar  posted on  2010-01-09   20:05:50 ET  Reply   Trace   Private Reply  


#54. To: christine (#43)

n my state, every able bodied man between the 18 & 45 are considered "part of the militia".

isn't this supposedly the case via the Bill of Rights/2nd A in all 50 states? are you in California?

also, that's an interesting solution dropping a middle name/initial. i'd not heard that before.

Hi Christine,

Good question in Re the Bill of Rights as the instant matter applies to states. To intelligently address this subject it must be understood that at least two kinds of states exist in America. The first of course in the Sovereign variety (10th Amendment) we are all lead to believe remain viable or functioning. This of course is a well documented fiction as a Sovereign state's inherent authority (aka Police Powers) are derived from it's Citizens consent(Citizens of a State). Today, very few Citizens of a State exist in the body politic of America and may not exercise any "political rights" such as voting (see voter registration card http://www.elections.il.gov/Downloads/VotingInformation/PDF/R-19.pdf). Only those who have Sworn Under The Penalty of Perjury to be a 14th Amendment citizen (U.S. citizen) may exercize the political right of voting:

Voter Affidavit – Read all statements and sign within the box to the right. I swear or affirm that h23; I am a citizen of the United States The information I have provided is true to the best of my knowledge under penalty of perjury. If I have provided false information, then I may be fined, imprisoned, or if I am not a U.S. citizen, deported from or refused entry into the United States.

The question begs to be addressed, if my State is "not Soverign", where do they (Federally Elected Officials acting as State Officials) derive any authority to act or legislate what is believed to be law? Absent Soverign Authority (police powers) we are left only with assent or contractual agreements for authority to act or otherwise enforce contracts(all under commercial or U.S. statutory law).

When & how do most Americans provide assent (not disagreeing in law by way of Notice is considered agreement) or positive contractual agreement? Most do so when their parents register them for Social Security. Again, it may be helpful to review the SS5 or Social Security application (http://www.socialsecurity.gov/online/ss-5.pdf). At question #5 we find the same "political orientation question": Are you a U.S. citizen?

And finally to answer your question regarding the Bill of Rights and the "modern" unincorporated States. Fourteenth Amendment citizens were not a part of that contract and operate "outside" the original organic Constitution of 1789. Their so-called rights are "relative to the whim of Congress/Judges" (Incorporated rather than unalienable) and may be found in Title 42 of the USC (up thread correctly identifies Title 42 for remedies of rights violations). Contrasted with a Citizen of a State, his/her rights "pre-exist" state constitutions or the Constitution of 1789 for that matter as these rights are God given/unalienable (may not be taken absent due process).

Hope this helps bring some clarity to the matter.

Warm Regards,

P.H.

In effect, it’s (The Holacaust Inc.) become like a grotesque doll wielded by witch doctors, used to keep individuals from asking too many questions, from thinking for themselves and stepping out of line.

PatrickHenry  posted on  2010-01-10   11:30:10 ET  Reply   Trace   Private Reply  


#55. To: Dakmar (#53)

Please accept my apologies as I was unnecessarily rash in my response.

I will not make this same mistake again.

Warm Regards,

Patrick

In effect, it’s (The Holacaust Inc.) become like a grotesque doll wielded by witch doctors, used to keep individuals from asking too many questions, from thinking for themselves and stepping out of line.

PatrickHenry  posted on  2010-01-10   11:37:05 ET  Reply   Trace   Private Reply  


#56. To: TooConservative (#41)

The Missouri Information Analysis Center (MIAC) is a group that combines the resources of federal, state, and local agencies to help identify terrorist plots, so they can be thwarted. Recently, Alex Jones broke the story about a MIAC report that is supposedly intended to aid in that endeavor.

The MIAC report specifically describes supporters of presidential candidates Ron Paul, Chuck Baldwin, and Bob Barr as “militia” influenced terrorists and instructs the Missouri police to be on the lookout for supporters displaying bumper stickers and other paraphernalia associated with the Constitutional, Campaign for Liberty, and Libertarian parties.

http://www.examiner.com/x-2581-St-Louis-Gun-Rights-Examiner~y2009m3d24-Militia-members-are-not-terrorists

www.libertysflame.com

A K A Stone  posted on  2010-01-10   16:58:40 ET  Reply   Trace   Private Reply  


#57. To: PatrickHenry (#55)

Please accept my apologies as I was unnecessarily rash in my response.

It's cool, I know I'm an idiot but I try to make posting here a more enjoyable experience for everyone.

In 2007, the FBI reported on concern about white supremacists recruiting soldiers, saying "hundreds" of neo-Nazis were in the active military. But in April, a Department of Homeland Security report on extremism that reiterated much the same point was widely criticized by veterans groups and some conservative politicians as being unpatriotic, leading the Justice Department to retract the DHS report.

Critics acknowledge that extremism in the Army is a touchy political subject.

Dakmar  posted on  2010-01-11   19:10:10 ET  Reply   Trace   Private Reply  


#58. To: A K A Stone, farmfriend (#56)

The MIAC report specifically describes supporters of presidential candidates Ron Paul, Chuck Baldwin, and Bob Barr as “militia” influenced terrorists and instructs the Missouri police to be on the lookout for supporters displaying bumper stickers and other paraphernalia associated with the Constitutional, Campaign for Liberty, and Libertarian parties.

And they get their marching orders straight from Abe Foxman (ADL) and Morris Dees (SPLC). These are evil people and evil organizations, when will you read even a few of the links honest Christians have posted to you?

In 2007, the FBI reported on concern about white supremacists recruiting soldiers, saying "hundreds" of neo-Nazis were in the active military. But in April, a Department of Homeland Security report on extremism that reiterated much the same point was widely criticized by veterans groups and some conservative politicians as being unpatriotic, leading the Justice Department to retract the DHS report.

Critics acknowledge that extremism in the Army is a touchy political subject.

Dakmar  posted on  2010-01-11   19:32:28 ET  Reply   Trace   Private Reply  


#59. To: Dakmar, A K A Stone (#58)

The MIAC report specifically describes supporters of presidential candidates Ron Paul, Chuck Baldwin, and Bob Barr as “militia” influenced terrorists and instructs the Missouri police to be on the lookout for supporters displaying bumper stickers and other paraphernalia associated with the Constitutional, Campaign for Liberty, and Libertarian parties.

I still proudly display that Ron Paul sticker! I've heard he might run again. Grapevine kinda stuff.


"The only thing better than a Federal Reserve audit would be a Federal Reserve autopsy." ~ unknown

farmfriend  posted on  2010-01-11   20:06:14 ET  Reply   Trace   Private Reply  


#60. To: PatrickHenry, AllTheKings'HorsesWontDoIt (#54)

And finally to answer your question regarding the Bill of Rights and the "modern" unincorporated States. Fourteenth Amendment citizens were not a part of that contract and operate "outside" the original organic Constitution of 1789. Their so-called rights are "relative to the whim of Congress/Judges"

understood. thank you for this information.

Related:

freedom4um.com/cgi-bin/re...i? ArtNum=112802&Disp=6#C6

christine  posted on  2010-01-13   13:24:04 ET  Reply   Trace   Private Reply  


#61. To: Dakmar (#57)

It's cool, I know I'm an idiot but I try to make posting here a more enjoyable experience for everyone.

and you do! ;)

christine  posted on  2010-01-13   13:25:02 ET  Reply   Trace   Private Reply  


#62. To: IRTorqued, Christine (#44)

The Militia Act of 1792 was passed on May 2, 1792. That Act may be seen in the U.S. Statutes at Large here.

The Militia Act of 1792 was repealed and replaced by the Militia Act of 1795.

| PAGES 1507-1508 |

PAGES 1509-1510 |

The Militia Act of 1795 begins on page 1508 and ends on page 1510.

The Annals of Congress 3rd Congress, 2nd Session

The Militia Act of 1795


An Act to provide for calling forth the Militia to exe­cute the Laws of the Union, suppress insurrection and repel invasions, and to repeal the act now in force for those purposes.

Be it enacted, &c., That whenever the United States shall be invaded, or be in imminent danger of invasion from any foreign nation or Indian tribe, it shall be lawful for the President of the United States to call forth such number of the militia of the State or States most convenient to the place of danger or scene of action, as he may judge necessary to repel such invasion, and to issue his orders for that purpose to such officer or officers of the militia as he shall think proper. And, in case of an insurrection in any State against the Government thereof, it shall be lawful for the President of the United States, on application of the Legislature of such State, or of the Executive, (when the Legislature cannot be convened,) to call forth such number of the militia of any other State or States as may be applied for, as he may judge sufficient to suppress such insurrection.

Sec. 2. And be it further enacted, That when­ever the laws of the United States shall be opposed, or the execution thereof obstructed in any State, by combinations too powerful to be sup­pressed by the ordinary course of judicial proceedings, or by the powers vested in the Marshals by this act, it shall be lawful for the President of the United States to call forth the militia of such State, or of any other State or States, as may be necessary to suppress such combinations, and to cause the laws to be duly executed; and the use of militia so to be called forth, may be continued, if necessary, until the expiration of thirty days after the commencement of the then next session of Congress.

Sec. 3. Provided always, and be it further enacted, That whenever it may be necessary, in the judgment of the President, to use the military force hereby directed to be called forth, the Presi­dent shall forthwith, by proclamation, command such insurgents to disperse, and retire peaceably to their respective abodes within a limited time,

Sec. 4. And be it further enacted, That the militia employed in the service of the United Status shall be subject to the same rules and ar­ticles of war as the troops of the United States; and that no officer, non-commissioned officer, or private of the militia, shall be compelled to serve more than three months after his arrival at the place of rendezvous, in any one year, nor more than in due rotation with every other able-bodied man of the same rank in the battalion to which he belongs.

Sec 5. And he it further enacted, That every officer, non-commissioned officer, or private of the militia, who shall fail to obey the orders of the President of the United States, in any of the cases before recited, shall forfeit a sum not ex­ceeding one year's pay, and not less than one month's pay, to be determined and adjudged by a court-martial; and such officers shall moreover be liable to be cashiered, by sentence of a court-mar­tial, and be incapacitated from holding a commis­sion in the militia for a term not exceeding twelve months, at the discretion of the said court; and such non-commissioned officers and privates shall be liable to be imprisoned, by a like sentence, on failure of payment of the fines adjudged against them, for one calendar month for every five dollars of such fine.

Sec 6. And be it further enacted, That courts-martial for the trial of militia shall be composed of militia officers only.

Sec 7. And be it further enacted, That all fines to be assessed, as aforesaid, shall be certified by the presiding officer of the court-martial, before whom the same shall be assessed, to the Mar­shal of the District in which the delinquent shall reside, or to one of his deputies, and also to the Supervisor of the Revenue of the same District, who shall record the said certificate in a book, to be kept for that purpose. The said Marshal or his deputy shall forthwith proceed to levy the said fines, with costs, by distress and sale of the goods and chattels of the delinquent; which costs and the manner of proceeding, with respect to the sale of the goods distrained, shall be agree­able to the laws of the State in which the same shall be in other cases of distress. And where any non-commissioned officer or private shall be adjudged to suffer imprisonment, there being no goods or chattels to be found, whereof to levy the said fines, the Marshal of the District or his depu­ty may commit such delinquent to jail during the term for which he shall be so adjudged to imprisonment, or until the fine shall be paid, in the same manner as other persons condemned to fine and imprisonment at the suit of the United States may be committed.

Sec, 8. And be it further enacted, That the Marshals and their deputies shall pay all such fines by them levied to the Supervisor of the Revenue in the District in which they are collected within two months after they shall have received the same, deducting therefrom five per centum as a compen­sation for their trouble; and, in case of failure, the same shall be recoverable by action of debt or information in any Court of the United States of the district in which such fines shall be levied, having cognizance thereof, to be sued for, prosecuted, and recovered, in the name of the Supervisor of the District, with interest and costs.

Sec. 9. And be it further enacted, That the Marshals of the several Districts and their deputies shall have the same powers, in executing the laws of the United States, as Sheriffs and their deputies in the several States have, by law, in executing the laws of the respective States.

Sec. 10. And be it further enacted, That the act, entitled "An act to provide for calling forth the militia to execute the laws of the Union, sup­press insurrections, and repel invasions," passed the second day of May, one thousand seven hun­dred and ninety-two, shall be and the same is hereby repealed.

Approved, February 28, 1795.


nolu_chan  posted on  2010-01-13   15:11:11 ET  Reply   Trace   Private Reply  


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