SEC. 9. _Be it further enacted_, That where any process shall be issued against the person of any citizen in any county of this State, for any violation of the provisions of this act, and such shall be returned not executed, for any cause whatever, by the sheriff or other officer, to the court from which it was issued, with an affidavit appended thereto, plainly setting forth the reason for the non-execution of such process, then it shall be the duty of the clerk, without delay, to issue an _alias capias_ to the same county, if the home of the defendant shall be in said county, either in part or in whole, when said sheriff or other officer shall give notice to the inhabitants of said county by posting such notice at the court-house of said county, of the existence of said capias; and if the inhabitants of such county shall permit such defendant to be or to live in said county, in part or in whole, the inhabitants shall be subject to an assessment of not less than five hundred dollars, nor more than five thousand dollars, at the discretion of the court, which said assessment shall be made in the following manner, to-wit: When the sheriff or other officer shall return his _alias capias_, showing that said defendant is an inhabitant of said county, in part or in whole, and that the citizens thereof have failed or refused to arrest said defendant, which every citizen is hereby authorized to do or perform. Said court shall order _sci. fa._ to issue to the proper officer to make known to the chairman, judge, or other presiding officer of the County Court, to appear and show cause why final judgment should not have been entered up accordingly; which, if any County Court fails or refuses to do and perform, any judge, in vacation, shall grant a _mandamus_ to compel said County Court to assess and collect said assessment, to be paid into the State treasury for the benefit of the school fund; provided, said assessment shall not be made of the sheriff or other officer, upon the return of the original, or _alias_ writs, show cause why the same cannot be executed, which may be done by his affidavit and two respectable witnesses known to the court as such. SEC. 10. _Be it further enacted_, That all the inhabitants in this State shall be authorized to arrest any person defendant, under the provisions of this act, in any county in this State without process.