268

LAWS OF MARYLAND.

section of this act, the said treasurer may in his dis-

Order a suit.

cretion order a suit upon his bond, and upon the

failure of any collector to pay over as aforesaid by

the first day of December, as specified in said ninth

section, and settle in full with said treasurer, the

latter shall not later than the first day of January

following order a suit on his bond. And said col-

lectors shall in all cases be charged with legal inter-

Charged with

est on all sums of moneys not collected and paid

legal interest.

over by them by the first day of January succeeding

the date of the levy from and after that day, and

shall pay over all interest by them received.

SEC. 15. And be it enacted, That when the said

county treasurer shall order suit upon a collector's

bond he shall transmit to the State's Attorney, or

Statement of

some other attorney by him selected, a statement of

account.

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, as the case may be, judgment shall

be entered at the first term of the court in which

suit is brought against such collector and his sure-

ties, and execution shall issue as in other cases ; pro-

Previous no-

vided ten days previous notice in writing of such

tice.

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;

Duty of the

and it shall be the duty of the sheriff to serve such

sheriff.

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, or either of them, shall

Not reside in

not reside in said county at the time of the institu-

county.

tion of the suit, no previous notice of such motion

to such non-resident shall be necessary, but judgment
shall be entered against such non-resident without

summons or notice, as if the same had been duly

served, who may, however, in such case come into

Vacate or re-
duce the same

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 that

in event of the death of any collector or his sureties,

or either of them, the provisions of this section shall