2600 ARTICLE 81.

of the sheriff to serve such notice, and proof of such service shall be made
to the satisfaction of the court before such judgment shall be entered.

A judgment under this section will not be set aside after the term, except upon
proof of fraud, surprise or irregularity. This section constitutes an exception to
art. 75, sec. 155. The proof of service of notice warrants court in proceeding to
summary judgment at first term, unless collector or his sureties proceed under sec. 82.
Sprigg v. State, 54 Md. 477.

Under act of 1841, ch. 23, sec. 48, if instead of a summary judgment the case is
controverted, the certificate of treasurer is admissible in evidence even after testi-
mony of clerk of commissioners, that commissioners' books did not show that any
tax was levied during years for which collector was charged with taxes. Crane v.
State, 1 Md. 29.

The certificate of the treasurer to an account against a collector authorized by the
act of 1841, ch. 23, authenticates itself. Milburn v. State, 1 Md. 1...

The duty of the treasurer under act of 1841, ch. 23, devolved under sixth article
of state Constitution upon comptroller. Billingsley v. State, 14 Md. 376.

An. Code, sec. 77. 1904, sec. 75. 1888, sec. 72. 1841, ch. 23, sec. 48. 1874, ch. 483, sec. 71.
82. If such collector or his sureties 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 thereupon direct a jury to be
empanelled at the said term to try and determine the matter in controversy.

This section referred to in construing sec. 81—see notes thereto. Sprigg v. State,
54 Md. 479.

An. Code, sec. 78. 1904, sec. 76. 1888, sec. 73. 1847, ch. 261. 1874, ch. 483, sec. 72.

83. 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 repli-
cation the breaches for which damages are claimed, but may reply gener-
ally that the obligor or obligors hath or have not performed the conditions
of his or their bond, accompanying the same by a substantial statement
of the amount demanded, and give the special matter in evidence, upon
which issue the jury shall assess such damages as the State may have sus-
tained, and upon such verdict, if for the State, judgment shall be entered
for the penalty of the bond, to be released upon the payment of the damages
assessed by the jury, with interest thereon until paid, and costs.
This section applied. Wilson v. Eidgely, 46 Md. 244.

An. Code, sec. 79. 1904, sec. 77. 1888, sec. 74. 1812, ch. 191, sec. 36. 1831, ch. 68, sec. 3.
1862, ch. 236. 1874, ch. 483, sec. 73.

84. 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 State's attorney or 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 execution issued to enforce the payment thereof.
No attorney, other than the state's attorney prosecuting such action, as
provided for in this section, shall receive any part of the money thus sued
for, except the fees allowed by law, under a penalty of a fine of not less