1841.

LAWS OF MARYLAND,

CHAP. 23.

more than six per centum, on all money paid by him into
the treasury as aforesaid, to be fixed by the several levy
courts or commissioners, except where the compensation is
hereinbefore provided for; and the collector for the city of
Baltimore, shall receive two per centum, upon the amount
of his collections under this act.

If any collector
fail in paying
money which
may or should
be in his hands.

SEC. 48. And be it enacted, That if any collector shall
fail to pay into the treasury, the amount of money which
may be or should be in his hands as aforesaid, for the use
of the State, within one month after the time specified for
payment as aforesaid, he shall be charged with interest
thereon, at the rate of six per cent per annum from the
time the said money became due, and payable; and if he
shall fail to make any such payment as aforesaid, for the
space of three months after the same becomes due and
payable as aforesaid, he shall not be entitled to any com-
mission on said money thereafter paid into the treasury;
and the treasurer of the Eastern or Western Shore, as the
case may be, may transmit to the Attorney General, or his
deputy, a statement of the account of such collector, and

Suit to be enter-
ed, &c.

such attorney shall proceed against such collector and his
sureties, or his official bond, or a certified copy thereof;
and upon the account so transmitted, signed and certified
by the treasurer, and on motion being made on behalf of
the State, judgment shall be entered at the first term of the
county court in which suit may have been brought, in
the name of the State, against such collector and his sure-
ties, and execution shall issue thereon, as in all cases of

Notice required.

judgment had in said courts; provided, that ten days previ-
ous notice, in writing, be delivered to such collector and
his sureties, or left at their place of abode, signed by the
Attorney General or his deputy, and proof of such notice be
made to the satisfaction of the court, and it shall be the

Trial by jury
may be had.

duty of the sheriff to serve said notice; and provided also,
that 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 specified, the court
shall thereupon direct a jury to be empannelled at the same
term, to try and determine the said matter in controversy

Duty of State
in any suit, &c.

and so specified; and it shall not be necessary for the State
in any suit on such bonds, in reply to the plea of perform-
ance, to set out at large in its replication, the breaches for
which damages may be claimed, but may reply generally
that the obligor or obligors have not performed the condi-
tion of his or their bond, and give the special matter in
evidence, and upon the issues so joined, the jury shall as-