600

LAWS OF MARYLAND.

pany being duly summoned as aforesaid, such com-

pany shall fail to appear, by attorney or agent, upon

the call of the docket, it shall be the duty of the

court to cause the personal appearance of said com-

pany to be entered, and the case shall stand for trial

or hearing, and judgment shall be rendered as if
said company had appeared by attorney ; and if said

company shall appear by attorney or agent, and

either party shall desire a trial by jury, it shall be

Desire a trial.

the duty of the court to cause issues to be framed,

and a jury to be empanelled for the trial thereof;

and if the verdict of the jury shall be for the State,

judgment shall be entered without stay for the

amount of the taxes so due as aforesaid, and ten per

cent, additional as damages, with interest and costs,

and a fee of fifty dollars shall be allowed the attor-

ney, to be taxed in the plaintiffs' costs in said suit,

and execution shall be issued on said judgment if

the same be not paid into the Treasury within

twenty days after the rendition thereof.

Evidence.

SECTION 156. The certificate of the Comptroller,

under seal, of the amount of tax so due as aforesaid,

shall be prima fade evidence to entitle the State to

judgment for said amount, and said penalty or dam-

ages ; and any engine, car or other property, found

in the possession of said company, or of any officer,

agent, or employee thereof, in the service of the said

company, shall be deemed and considered as the

property of said company, and shall be liable to exe-

cution and sale for the payment of the said judgment

and costs.

May ascertain

SECTION 157. Whenever the road of any rail road

the amount

company, organized under the Laws of this State,
shall extend beyond the limits of this State into any

other State or States, and the return of the President,

Treasurer, or other financial officer of said company,

made to the Comptroller, shall not show certainly

and accurately, the precise amount of gross receipts

within this State, the Comptroller may ascertain said

amount, by making the gross receipts in this State,

bear the same proportion to the whole gross receipts

of said company, as the number of miles of said road

in this State, does to the whole number of miles in

length of said road.