The Democratic advocate. [volume] (Westminster, Md.) 1865-1972, 1868-05-28

/ Article. s 'T
Sec. 81. Ana Be Ii enacted. 4bs, N ,ss..'
inconsstent with the provisions of this Act bc.
aud the same are hereby repealed z.
See. 81. And Be L enscfed, That fi.is Act
na', ,sas sssi from y shs ds's o. u passage
THOMAS SWAMI,
ICHaPrEa 3o2,
AN ACT j i
10 provide Coz rafanding moner paid into
the State Treasury. T
Section !. Be It enacted by the Gencral
Assembly Of Maryland, That il any person
q corporation IN this State shall have here.
.oiofe paid, or shall hereafter pay, ~ mis-
,ske, whether Of law or fact, 10 any lawful
s.f,.ecsor o. State taxes, any larger sum than
W. properly payable, and such taxes shall
w Nv nave been pAld BY such Collector into
@ sne treasury Of the siaie, such person or
Court Of the conntyin which s,.rb $500.
Fesides, Or in whicl, such eornoras;an 49, ~
its principal place of business, 81 n nait,.
more Oiiy Court, ifsach person has IA rar.
iaeneo or such corporation fits ,princinal
place ot business in the City of Baltimors,.
statlngtn thesAid petition t0 whom adj
taxes were pad, and when aud shc alnonnt
thereof and 90 whet account, and for What
year the taxes wefe 30 paid, and all thA
faois necessary 70 enable ths Court "a a.
lermine the question involved and there.
upon, tbe said Court shall lay q rule psY,gjr.
ing the tax COLLECTOR 70 whom sAid taxea
were paid, 10 answer the petition bv 4 dav
named, which rule shall be served ~ snck
Collector, and the States Attorues Gar he
county or city Of Baltimore in which tha
ssld petition shall be hIed. nbal, annear 4.
said proceedings on behalf Of said t6IIecfor
without charge, and IL the Court. sffsr :.
hearing of tho matter Of said petition is suck
manner nnd according 10 anch reQujatsona
iof ssceFiaiping the facts Of the case. A. 4
shaH hy The rules prescribe, shall be ofoniuion
that The taxes alleged 10 have been fa;a hw
missakc we're not legally demandable al saia
Pef.roners and were paid BY mistake, chen
u shall 20 declare and adjudee that shsl
amount found 10 have been oserpaid, shall
BE- returned % ihe petitioner BY The said
Collector, dcducting thereffom, however.
any arrears Of State taxes which may be-
shcNn % be due BY said petitioner for any
other years, OF on any other account. and
such Judgment may be enforced BY attach.
ment OF execution against the said Collecs
w. 1tt4 U.s. NHt9&At UuftH MNNU UlHU UH VNM4
ponsibie for said Judgment. The cozt Of The
aforesaid proceedings shall be reeuIa,ed ~
the Court, aud paid BY The petitioner o. az.
fendans NJ The Court shall III its discretion
determine, and cor such portion OF The conts
~ shall b. awarded 10 Be paid by ths Dol.
lector, he shall be allows,s in lis ses,sem~uts
with the Comptroller Of tho Trcasary.
See. 2. And be i enacted, That II at the
timeof the hling of tlse petition provided
for IN ihe uext precseding section, lse taxes
20 alleged 70 have been paid BY miktake
shall have been paid into the Trsasars OF
the State, then The said petision shall be
filnd 10 the Circuit Coprt for Anne Arundel
ooanty, and the C0mptroller Of the s'Ifeasurx
shall he made defendant thereto, In tho placs
and stead of the tax Collector, and lhe Az.
tofney General shall appear for him with.
out chsege, aud like proceedings ahall thnre-
upon be hal ~ are provided for in the nert
preceding section but no execution or a.
taehment shah issue against cusd Coynutsol.
Ter, but he shall report the said Judgment
against him, if any Be ottained, 30 The Gen.
eral Assembly IL then 10 session or % he
General Assembly at its next session, In
order that the payment Of tho sausv may BE-
provided for BY Law.
See. .. And be Il enacted, That il any
peeon OF corporation has paid OF shall pay
by mistake OF Ias OF Of act, any monsy into
the Treasury Of the tae, or shall have PAID
or s'sall pay on account Of the State any s,lu,
90 sums Of Soney which the State Was b.
law b5and 10 have paid, ihs said person or
corporation may Gle position ia the Cir
cuis Court Of Anne Arundel county, a. pro-
yided for in The preceding section, ahd the
Comptroller of the Treasary shall be made
defendant thereto, and the Attorney Geuer.
al shall appear for him and like proceedings
shall be thercupon had as are provided for
10 tho two preceding sections of this Act;
but no execution OF attachment ahall iseua
agains. said Comptroller, bat Ne shall report
the Judgment against him, u any be Oh.
tanned, to the deneral Assembly ifthen in
session, OF Al iss next ssssinn, Ia order thar
the payment OF the same may be provided
for By law.
Soc, 4. And be Il enacted, That any of
the parties 10 tho xgd proceedings hereirbe-
fore provided for shall have the right Of nm.
peal to the Court Of Appeals lfomg ai,y
Judgment Of any Of the Courts heretofore
named, and upon such appeal being prayed.
the record Of the said cause shall be forth.
with transmitted 70 the Court OF Appeals If
then in session, or 10 the next term thereof
II not ia session, and the said caase sotnns.
mittsd, shall be placed upon the special
docket OF the said Court and shall be heard
and determined at the first session OF the
said Court after tho transmission OF the said
record as Aforesaid.
Sec. 5. And be Il enacted, Tint this Act
shall take efiact from the date Of ia pnssaee.
Approved March 80, 1858.
THOMAS swANN,
4F sf GOyernor.