1010 DORCHESTER COUNTY. [ART. 10.

other attorney selected by him, a statement of the account of
said collector, and upon the account so transmitted, signed and
certified by the treasurer of said county, and on motion being
made on behalf of the State, or of the State for the use of the
county commissioners, judgment shall be entered at the first term
of the court in which suit is brought against such collector and
his sureties, and execution shall issue as in other cases; provided,
ten days' previous notice in writing of such motion, and of the
amount for which it is to be made, be served on such collector
and his sureties, or left at their place of abode, signed by 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; provided,
nevertheless, that when such collector or his sureties shall not
reside in the county at the time of the institution of the suit, no
previous notice of such motion to such non-resident shall be
necessary, but judgment shall be entered against such non-resi-
dent without summons or notice, as if the same had been duly
served, but such non-resident may, however, in such case, come
into court at any time before the expiration of the term at which
such judgment is entered, and vacate or reduce the same as to
him, on proper proof of fraud or mistake in the rendition thereof;
and provided further, that in event of the death of any collector
or his sureties, the provisions of this section shall apply to the
executor or administrator of such decedent.

1878, ch. 160.

118. If such collector or sureties, or executor or administrator,
shall, in person or by attorney, desire a trial by jury of any
matter in controversy in said suit, which shall be pleaded by them,
the court shall, thereupon at said first term direct a jury to be
empaneled to try and determine the matter in controversy.

Ibid.

119. The comptroller shall make all just allowance to the
treasurer and clerk for insolvencies or removals upon certificate of
the county commissioners that the allowances asked for are just,
the application of the treasurer and clerk to be substantiated by
his affidavit before the county commissioners, who are authorized