536

LAWS OF MARYLAND.

responsible for said judgment ; the cost of the
aforesaid proceedings shall be regulated by the
Court and paid by the petitioner or defendant as
the Court shall in its discretion determine ; and
for such portion of the costs as shall be awarded
to be paid by the Collector he shall be allowed in
his settlements with the Comptroller of the Trea-
sury.

File petition.

Sec. 2. And be it enacted, That if at the time of
the filing of the petition, provided for in the next
preceding Section, the taxes so alleged to have
been paid by mistake shall have been paid into
the Treasury of the State, then the said petition
shall be filed in the Circuit Court for Anne Arun-
del County, and the Comptroller of the Treasury
shall be made defendant thereto in the place and
stead of the tax Collector, and the Attorney Gen-
eral shall appear for him without charge, and like
proceedings shall thereupon be had as are provided
for in the next preceding Section ; but no execu-
tion or attachment shall issue against said Comp-
troller, but he shall report the said judgment
against him if any be obtained to the General As-
sembly, if then in session, to the General Assem-
bly at its next session in order that the payment
of the same may be provided for by law.

Paid by mis-
take.

Sec. 3. And be it enacted, That if any person or
corporation has paid or shall pay by mistake of
law or of Act any money into the Treasury of the
State, or shall have paid or shall pay on account
of the State any sum or sums of money which the
State was by law bound to have paid, the said per-
son or corporation may file a petition in the Circuit
Court of Anne Arundel County, as provided for in
the preceding Section, and the Comptroller of the
Treasury shall be made defendant thereto and the
Attorney General shall appear for him, and like pro-
ceedings shall be thereupon had as are provided
for in the two preceding Sections of this Act ; but
no execution or attachment shall issue against
said Comptroller, but he shall report the judgment
against him if any be obtained to the General As-
sembly, if then in session, or at its next session,
in order that the payment of the same may be
provided for by law.

Sec. 4. And be it enacted, That any of the par-