Case No. 8,212.

LEGIONARY PAYMASTER v. SPALDING.

[1 Cranch, C. C. 387.]¹

Circuit Court, District of Columbia.

Dec. Term, 1806.

OFFICIAL BOND—COLLECTOR OF MILITIA FINES—WHAT NOTICE AGAINST SURETY.

Judgment upon ten days' notice, cannot be rendered upon the bond given by the collector of militia fines.

[This was an action at law by the Legionary Paymaster against Enoch Spalding, collector of militia fines.]

Motion on ten days' notice, to recover the amount of militia fines, under the 22d section of the act of March 3d, 1803 [2 Stat. 222]. The notice was a motion for judgment against him and his sureties, on his collector's bond. Refused.

¹ [Reported by Hon. William Cranch, Chief Judge.]

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