ART. 11. ] LEVY AND COLLECTION OF TAXES.

State, at the time hereinbefore specified for payment, he shall be
charged interest thereon at the rate of six per centum per annum,
from the time the said money became due and payable.

109

69. In all cases in which any collector shall fail to pay the amount
due and payable by him into the treasury, at the time hereinbefore
specified, the comptroller may, in his discretion, order a suit upon
his bond.

Id s 69
Collector foiling
to pay amount
due Into
treasury

70. When the comptroller shall order suit upon a collector's
bond he shall transmit to the State's attorney, or some other attor-
ney by him selected, a statement of the account of such collector;
and upon the account so transmitted, signed and certified by the
comptroller, and on motion being made on behalf of the State, judg-
ment shall be entered at the first term of the court in which suit
may have been brought in the name of the State, against such col-
lector and his sureties, and execution shall issue thereon as in other
cases; provided, ten days' previous notice in writing be delivered
to such collector and his sureties, or left at their place of abode,
signed by the said attorney; and it shall be the duty 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

Id s 70
Suit on collec-
tor's bond, how
conducted.

71. If such collector or his sureties shall in person or by at-
torney 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 impanelled at the said term to try and determine the
matter in controversy.

Id s 71
Defendants may
have trial by
jury

72, 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, 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 sustained, 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 as-
sessed by the jury, with interest thereon until paid, and costs.

Id H 72
Plaintiff may
reply generally

73. 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 pro-
vided 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

Id s 73
Commissions of
attorney prose-
cuting
No payment
valid unless
made to State's
attorney, treas-
urer or sheriff
under execu-
tion.