1232 REVENUE AND TAXES. [ART. 81.

F. G. L., (1860,) art. 81, sec. 80. 1841, ch, 23, sec. 48. 1874, ch. 488, sec. 70.

71. When the comptroller shall order suit upon a collector's,
bond, he shall transmit to the State's attorney, or some other at-
torney by him selected, a statement of the account of such col-
lector ; and upon the account so transmitted, signed and certified
by the comptroller, and on motion being made on behalf of the
State, judgment 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 collector and his sureties; provided, ten days' pre-
vious 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.

Crane v State, 1 Md. 31. Billingsley t. State, 14 Md. 369. Sprigg v. State,

54 Md. 469.

Ibid. sec. 81. 1841, ch. 23, sec. 48. 1874, ch. 483, sec. 71.

72. 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 deter-
mine the matter in controversy.

Ibid. sec. 82. 1847, ch. 261. 1874, ch. 483, sec. 72.

73. 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 assessed by the jury, with interest thereon,
until paid, and costs.

Wilson's Admrs v. Ridgely, 46 Md. 244.