LAWS OF MARYLAND.— 1800.

433

limited by law, and to render and settle his accounts with the
said treasurer, when thereto required by the agent of the state,
it shall and may be lawful for the respective county courts, or
the respective general courts, and they are hereby authorized
and empowered, upon motion in behalf of the state, and on pro-
ducing a stated account, signed by the treasurer, of the sum of
money or claim of the state due and in arrear from any such
clerk, to order a judgment to be entered for the penalty of such
clerk's bond, to be released on the payment of such sum or sums
of money as shall appear to be due, and costs, and an immediate
execution to be awarded against the person or property of such

Clerk neg-
lecting to
pay money,
judgment to
be entered
for penalty
of bond.

clerk to compel payment of said moneys and costs ; Provided,
that a copy of such account, signed by the respective treasurers
as aforesaid, and notice of such intended motion, be delivered,
in writing, to such clerk, or left at his last place of abode at least
twenty days previous to the sitting of the term at which such
application shall be intended, and that proof thereof be made to
the satisfaction of the court; And provided also, that if such
clerk shall, in person or by attorney, controvert* the demand,
and desires a jury to be empannelled to ascertain the sum of
money really due and payable, the said court are empowered
and authorized to direct a jury to be immediately empannelled,
and charged to try and ascertain an issue, whether such clerk be
chargeable with and liable to pay any and what sum or sums
of money to the said state, and the said court, upon such verdict
of the jury, shall and are hereby empowered to direct judg-
ment to be entered for the penalty of such clerk's bond, to be
released upon the payment of the sum or sums of money so
found due by said verdict, and costs, upon which there shall be
no writ of error, supersedeas or appeal, and to award execution
thereon as upon all other cases of judgments had and obtained
in said court.
See 1809, ch. 127, sec. 3, as to suits thereon to be brought by the state.

Provisos.

SEC. 5. And be it enacted. That if any clerk of any county,
upon whose bond judgment shall be entered as aforesaid, and
execution thereupon issued, shall not satisfy and pay, or cause
to be satisfied and paid, such judgment and execution to the
respective treasurer, or the agent of the state, for two successive
terms to which the said execution shall be made returnable, the
said default shall be and the same is hereby declared to be
misbehaviour in office within the meaning of the constitution,
and may be prosecuted as such.
See preceding note.

Default
declared
misbeha-
viour in
office.

SEC. 6. And be it enacted, That if any clerk, who hath
received public money before the passage of this act, shad
neglect to pay over the same to the treasurers of the western
55

Neglect to
pay over

money,

deemed