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The Maryland Code : Public General Laws and Public Local Laws, 1860
Volume 145, Page 571   View pdf image (33K)
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ART.81.] REVENUE AND TAXES. 571

such notice, and proof of such service shall be made to the satis-
faction of the court before such judgment shall be entered.

81. If such collector or his securities shall in person or by
attorney, desire a trial by jury of any matter in controversy in
said suit, which shall by them be pleaded, the court shall there-
upon direct a jury to be empanelled at the said term to try and
determine the matter in controversy.

82. It shall not be necessary for the State in any suit brought
on any bond given by any person who has the collection of any
part of the State's revenue, in reply to the plea of performance,
to set out at large in its replication, the breaches for which
damages are claimed, but may reply generally that the obligor
or obligors hath or have not performed the conditions of his or
their bond, and give the special matter in evidence, upon which
issue the jury shall assess such damages as the State may have
sustained, and upon such verdict, if for the State, judgment shall
be entered for the penalty of the bond, to be released on the pay-
ment of the damages assessed by the jury, with interest thereon
until paid and costs.

83. The attorney prosecuting such action shall be allowed the
usual commissions for such services, but no payment of any
money due the State either in suit or on judgment shall be valid
and effectual unless made to the treasurer, or such person as
shall have been specially appointed and authorized by him to
receive the same, or unless made to such sheriff, coroner or elisor
as may be authorized to receive the same by virtue of any execu-
tion issued to enforce the payment thereof.

84. The treasurer shall make all just allowances to collectors
for insolvencies or removals, upon certificate of the county com-
missioners or Appeal Tax Court that such allowances are just.

85. Whenever the State shall have a judgment or decree against
a debtor or his securities, and money may be ordered to be levied
by the county commissioners of any county for the benefit of
such debtor, or any one of his sureties, the State's Attorney for
the county may order an attachment to be issued by the clerk of
the court where such judgment or decree was passed, against the
goods, chattels, rights and credits, lands and tenements of
such debtor and his sureties, which may be laid in the hands of
the county commissioners or their clerk, or any collector of said

 

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The Maryland Code : Public General Laws and Public Local Laws, 1860
Volume 145, Page 571   View pdf image (33K)
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