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The Maryland Code Public General Laws, 1904
Volume 393, Page 1821   View pdf image (33K)
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ART. 81] COLLECTORS' DEFAULT—SUIT ON BOND. 1821

the use of the 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.

Ibid. sec. 70. 1860, art. 81, sec. 78. 1842, ch. 269, sec. 8. 1846, ch. 175.
1852, ch. 56, sec. 7. 1874, ch. 483, sec. 69.

73. 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 discre-
tion, order a suit upon his bond.

Ibid. sec. 71. 1860, art. 81, sec. 80. 1841, ch. 23, sec. 48.
1874, ch. 483, sec. 70.

74. When the comptroller shall order suit upon a collector's
bond he shall transmit to the State's attorney, or some other
attorney 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, 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' previous notice in writing be delivered to such col-
lector 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 v. State, 14 Md. 369. Sprigg v.
State, 54 Md. 469. Degner v. M. & C. C., 74 Md. 148

Ibid. sec. 72. 1860, art. 81, sec. 81. 1841, ch. 23, sec. 48.
1874, ch. 483, sec. 71.

75. 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.

Ibid, sec 73. 1860, art. 81, sec. 82 1847, ch. 261.
1874, ch. 483, sec. 72.

76. It shall not be necessary for the State in any suit
brought on any bond given by any person who has the collec-
tion 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


 

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The Maryland Code Public General Laws, 1904
Volume 393, Page 1821   View pdf image (33K)
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