JAS. BLACK GROOME, ESQUIRE, GOVERNOR. 749
said commissions shall be levied by the county or
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city authorities, or by the tax board, and collected
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by said collectors.
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SEC. 68. If any collector shall fail to pay into the
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Collector fall-
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Treasury the amount of money which may or should
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ing to pay
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be in his hands for the use of the State, at the time
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hereinbefore specified for payment, he shall be
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charged interest thereon at the rate of six per centum
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per annum, from the time the said money became
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due and payable.
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SEC. 69. In all cases in which any collector shall
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fail to pay the amount due and payable by him into
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Order a suit
upon his bond
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the Treasury, at the time hereinbefore specified, the
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Comptroller may, in his discretion, order a suit upon
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his bond.
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SEC. 70. When the Comptroller shall order suit
upon a collector's bond he shall transmit to the State's
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To transmit to
attorney
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attorney, or some other attorney by him selected, a
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statement of the account of such collector; and upon
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the account so transmitted, signed, and certified by
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the Comptroller, and on motion being made on be-
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half of the State, judgment shall be entered at the
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first term of the Court in which suit may have been
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brought in the name of the State, against such col-
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lector and his sureties, and execution shall issue
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thereon as in other cases ; provided, ten days' previ-
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ous notice in writing be delivered to such collector
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and his sureties, or left at their place of abode,
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signed by the said attorney; and it shall be the duty
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of the sheriff to serve such notice, and proof of such
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service shall be made to the satisfaction of the court
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before such judgment shall be entered.
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SEC. 71. If such collector or his sureties shall in
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Desire a trial
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person or by attorney desire a trial by jury of any
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by jury
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matter in controversy in said suit, which shall by
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them be pleaded, the court shall thereupon direct a
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jury to be empannelled at the said term to try and
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determine the matter in controversy.
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SEC. 72. It shall not be necessary for the State in
any suit brought on any bond given by any person
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Not neccessary.
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who has the collection of any part of the States' rev-
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enue, in reply to the plea of performance, to set out
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