The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1899-06-21
PENALTY ALSO SUED FOR
AND THE INTEREST OF 2 PER
CENT A MONTH.
THE COMPLAINT WAS fIlEo YESTERDAY
Il Sets Forth in Detail the Facs in The Case.
The Case Will Probably be Tried at
the July Term Of Wake Su-
perior Court.

The commissioners of Wake county
yesterday commenced suit against ex.
Sheriff Hamilton Il. Jones and his sure
ty, the Fidelity and Deposit Company
of Maryland.
The suit is not only for the amount
of the shortage. $4.71S.41, but also for
the penalty of $500 and ? per cent a
month upon the amount due and unpaid
since May 1, 1899. as allowed by law.
This win make the total amount sued
for. when the case comes on for trial
at the July term of court. about $500.
The title of the case Is: The State
of North Carolina upon the relation
of Bailey r. Williamson. Treasurer OF
Wake county, North Carolina, VS.. Ham
ilton II. Jones and Deposit Company Of
Maryland.
The complaint. filed by County Attor-
ney Armisteasl Jones'. alleges:
l. That the felator plaintiff Bailey +.
Williamson is Treasurer of Wake colln-
fy.
,. That the defendant Hamilton Il.
Jones was elected sheriff of Wake co,ln
ty On the first Monday in November.
1886 and was iralueted into office OH
the first Monday in December of the
3. That the defendant Fidelity AMI
Deposit Company of Maryland was and
is now a corporation organized with
power and authority to execute as sure
ty and guarantee bonds Of sheriffs ans;
other officers.
4. That ii was required by law that
the defendant Jones. as n part of the
duties OF the office of sheriff. "weil ami
faithfully collect. account for. pay over
and settle the county, poor. school, spa-
ciai and local taxes to the Treasurer
of said county" For this he WAS re-
qnired by law TO give bond with sliff-
Gent surety payable to the State of
North Carolina conditioned for the col
lection OF said taxes during his term
of office in a sum not exceeding the
amount of such taxes for the previous
year The defendant Jones gave the
bend i'm the sim Of $4,000 ard the de-
PENDANT Fidelity and DeTpccsit Company
CT Maryland executed the bond as slra-
fy thereon.
;. That the commissioners caused the
register of deeds to make out the tax
list for 1898 and place it in Jones
hands fer collection, as required by
Jaw.
&. That the defendant. Hamilton T.
Jones, sheriff as aforesaid, was required
by law to pay over and settle the cOun
ty, poor. school, special and local taxes
due for the year 1898, on or before the
first Monday of May, 1899. That the
Board of Commissioners of said county
duly appointed committee as the law
provides, to be present at the account
ing and settlement of said defendant
with the Treasurer Of Wake county. on
the first Monday Of May. 1892, and the
account of said defendant was duly aud
tied in the presence of said committee
and. after a full investigation, it APP
peared therefram that the said defend
ant. Hamilton T. Jones, had failed 10
pay over and settle the said taxes in full
as he was required to do and that there
was due from said defendant on account
Of said taxes the sum of FIVE thousand
two hundred and eighteen dollars aa.d
forty-one cents l$521S.4D, after allowing
all rebates receipts and other credits
and deductions prescribed by law. and
the said defendant. though often demand
ed of him and of the other defendant.
the surety upon said bond. has failed and
neglected to apply the same. except the
sum Of one hundred and fifty dollars
t$150.G0) paid on the 9Th of June. 1899.
and the sum of one hundred and fifty
dollars l$l5O.00) paid on the 9th of June.
1899. and the sum of two hundred $1,000
paid on the 9th of June. 1899. And there
remains now due the sum of four thou
sand seven hundred and eighteen and
forty-one cents (4.91S.41) with interest
T. That the account so audited was
.1,,1 fal tn tho aiJ 'Rao ri pf coI.n-
ty commissioners and the same was ap-
proved by them and filed with the Clerk
of the said board and duly recorded on