
    Johnson against Hunt.
    A contractor for carrying the ¿’mptftott’mmi exemption ^éxpeer5ons°en1gaged conveyancetUof
    an action sfrient of a court, cover 'tack a fine, the objection cannot be wllned the',hd pelir on* parade" • court-martial pointedda'y¿CTlh“t’objection before martial.
    IN ERROR,..on a certiorari to a justice’s court-., ' ' 0 ' ”
    
      Hunt,. plaintiff in court below,brought an action against thé defendant below, .the present plaintiff in error, as president of a court martiaj,-to .recover back a.fine of five dollars, which had been imposed.upon,. and;-collected of, the plaintiff bé.lów, as a delinquent.' The. plaintiffj When.he appeared before the court martial, claimed an exemption, as being a. contractor to carry .the military express mail from Canandaigua to Batavia, ' but he was-. not. employed. in. the actual transportation. The person ■■ 0 warned the plaintiff to attend parade, and appear before courl martial, had never received any warrant, .or power, frQua -fhe commandant pf the regiment,' to act as sergeant. This objection t was not ¡made before the court martial., the plaintiff .being ignorant of the fact. -The'justice gave judgment for the plaintiff below.,
   Per Curiam,

The plaintiff below being a contractor for carpying the mail, did not exempt him from military duty; .' The. exemption in.the' act, (sess. 32. c. 145. s. 2.,) of all stage drivers who are employed in the care and conveyance of the mail, &c.,. evidently extends to the actual carriers, of the mail only. The objection that the sergeant, who warned the plaintiff below tp appear, on the parade, and before the ■ court martial, was not regularly, and duly appointed, cannot be made here. . If it could have been made at all, it should have, been made before the court .martial. The .plaintiff, having, appeared before the court martial, must be deemed to have waived, any irregularity in the summons.. - The sergeant was an officer, defacto, and, so. far as strangers aré concerned, his acts must be deemed, valid,

Judgment reversed.  