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