|
306
|
LAWS OF MARYLAND.— 1794.
|
|
|
thereto, and their clerk shall record the same, with the probat,
and an attested copy of the said bond and probat from the said
record, shall be as good evidence in law to maintain an action
of debt for the breach of the condition thereof, as if the said
bond was actually produced and proved in court, and on suit
the justices may order a copy of such bond to be filed in the
county court, and thereupon scire facias shall issue against such
collector, and his securities, in the same manner as by law is
directed in the case of bonds to the loan office, and similar pro-
ceedings shall be had to compel payment of the money due,
with an interest of six per cent, from the day appointed for
payment; and every person appointed collector shall, before he
acts as such, subscribe a declaration of his belief in the Chris-
tian religion, and take and subscribe the oath, or if a quaker,
menonist or tunker, the affirmation, of fidelity to this state,
directed by the constitution and form of government, and the
oath to the United States, unless he had before made the said
declaration and taken the said oaths or affirmations.
By 1797, ch. 43, a speedy mode of recovery is given against the sheriff
or collector of any county, and to the collectors against their deputies.
|
|
In certain
cases judg-
ment may
be entered,
&c.
|
SEC, 3. And be it enacted, That in all cases where any col-
lector shall have collected any sum or sums of money for the
use of the poor of his county, and shall neglect to pay over the
same to the trustees of the said poor, or other person or persons
authorized by law to receive the same, at the time required by
this act, it shall and may be lawful, and the several county
courts of this state are hereby required, upon motion made on
behalf of the said trustees of the poor of the respective counties
in this state, or other person or persons authorized to receive
the money levied for their use, to order a judgment to be
entered, and an immediate execution to issue thereon against
the person or property of such collector, to levy and compel the
payment of such sum of money so due and payable; provided,
that ten days9 previous notice of such intended motion be deli-
vered in writing to such collector, or left at his place of abode,
and proof thereof be made to the satisfaction of such court to
which such application shall be made, and provided also, if
such collector shall in person, or by attorney, desire a jury to
be empannelled to ascertain the sum in his hands so due and
payable, the said court shall direct a jury to be immediately
charged, to try and ascertain between the state and the said
party, whether the said collector is chargeable with, and liable
to pay, any and what sum or sums of money to such trustees,
or other person or persons authorized to receive the same for
the use of the poor of the said county, and upon such verdict
of the jury to pass judgment, in the name of the state, against
|
|
 |