If the Sergeant shall fail to collect, account for, and pay over all or any moneys with which he may be chargeable belonging to the Town, 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, in the corporate name of the Town, in the circuit Court of Putnam County; or where the same does not exceed three hundred dollars, before a Justice of Scott District, against the Sergeant and his sureties, or any or either of them, or his or their executors or administrators, on giving ten days notice of such motion.