Summary
Statutory Text
SEC. 48. If any person or persons shall be found guilty of selling or disposing of any arms, accoutrements, or any camp equipage, belonging to the State of Minnesota, every person so offending, or being guilty of such act, shall forfeit and pay over for every musket, sword, sabre, pistol, or cannon, double the contract price for such article, as estimated at or by the Ordnance Department at Washington City, with costs of suit, or if any person or persons shall be found guilty of holding or secreting or hiding, detaining or refusing to give up or deliver any of the arms or camp equipage aforesaid, shall pay double the contract price, with costs of suit; and if said sum is not paid by such person or persons, after judgment rendered against him, her or them, within ten days, or bail put in for stay of execution, an execution shall issue, and such person may be confined in the county jail by order of the commandant of brigade, [for any time not exceeding thirty days, at te expense of the proper brigade,] or at the expense of the State, if then paid, to be paid out of the military fund, and any Justice of the Peace of the township where the person or persons reside, shall have jurisdiction to try all cases under one hundred dollars, but all suits brought for one hundred dollars or more, shll be tried in any Court having competent jurisdiction for the collection of such fines; and when such fine is paid over by the defendant or defendants, it shall be paid over into the State Treasury, after paying the costs of confining any one in jail; Provided, That any and all persons who lave a legal right to hold or koop any of the articles named in this section, shall not be liable by this Act. All suits shall be brought in the name of the State of Minnesota, and may be prosecuted by the commandant of brigade, or any person he may authorize so to do. Persons claiming to have a legal right to hold any of the articles named in this section, on demand of the proper oflicer, shall show a written authority, signed by the Quarter-master General, or commnnandants of divisions, brigades, reginents, squadrons or battalions.