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the demand, and desire a jury to be empannelled to ascertain
the sum of money really due and payable, the court shall direct
a jury to be immediately empannelied and charged to try and
ascertain an issue, whether the said sheriff or collector be
chargeable with and liable to pay any and what sum or sums
of money or tobacco to the person or persons so claiming and
authorized to receive the same; and the court are hereby em-
powered and required, upon such verdict of the jury, to pass
judgment against the said sheriff or collector, upon which there
shall be no writ of error, supersedeas, injunction or appeal, and
to award execution thereon as upon all other cases of judgment
had in the said courts.
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And against
any deputy,
&c.
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SEC. 2. And be it enacted, That if any deputy sheriff or
deputy collector, intrusted by his principal to levy and collect
any sum or sums of money or tobacco due from the inhabitants
of any district or hundred in which such deputy shall be ap-
pointed to serve, shall neglect or refuse to render and settle his
accounts with his principal when thereto lawfully required,
according to the terms of the contract subsisting between them,
it shall and may be lawful to and for the respective county
courts, and they are hereby authorized and required, upon
motion made to them in behalf of the principal sheriff or col-
lector to whom such deputy sheriff or deputy collector shall
respectively be indebted, and on producing to such court a
stated account of his demand, supported by satisfactory proof,
to order a judgment to be entered, and an immediate execution
to be awarded thereon against the person or property of such
deputy sheriff or deputy collector, to levy and compel the pay-
ment of such sum or sums of money or tobacco as shall appear
to be due and payable ; provided, that a copy of such account,
and twenty days notice of such intended application, be deli-
vered in writing to such deputy sheriff or deputy collector, as
herein before directed; and provided also, that in case of con-
troversy, and the demand of a trial thereof by jury, such pro-
ceedings shall be had as are herein before provided, for the trial
thereof, at the same term, and judgment shall be rendered on
the verdict, and an execution awarded as aforesaid ; and no
writ of error, supersedeas, injunction or appeal, shall be allowed;
and provided also, that nothing herein contained shall be con-
strued or deemed to deprive the parties of their proper remedy
upon their contract, if they shall choose to proceed at law or
equity upon the same.
CHAPTER 69.
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