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Sec. 38. Recovery against treasurer and sureties.

If the said treasurer shall fail to account for and pay over
all of the monies that shall come into his hands when thereto
required by the council, it shall be lawful for the council, in
the corporate name of the city, by motion before any court of
record having jurisdiction in the City of Charlottesville, to


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recover from the treasurer and his sureties, or their personal
representatives, any sum that may be due from said treasurer
to said city on ten days' notice.