If the Sergeant shall fail to collect, account for, and pay over all or any of the monies with which he may be chargeable, belonging to the Town, according to the condition of his bond and  the orders of the Council it shall be lawful for the Council to recover the same by action, or by motion, upon ten days notice, in the corporate name of the Town, in the Circuit Court of Hancock County, against him and his sureties or any or either of them or his or their executors or administrators, if the sum does not exceed three hundred dollars, such recovery may be had before the Mayor or any Justice of said County.