ART. 81.] REVENUE AND TAXES.
the same was payable as aforesaid, which recovery-
shall be evidence of misbehaviour, and upon convic-
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223
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tion thereof the said clerk or register shall be removed
from office, which shall thereupon be filled as pre-
scribed by the constitution, and such failure on the
part of any clerk or register shall amount to a forfeit-
ure of the commission to which he would otherwise be
entitled.
In force and approved March 28, 1868.
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Removal.
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1868, c. 302 entitled an act to provide for refunding money paid into the state
treasury enacts as follows:
148. If any person or corporation in this state shall
have heretofore paid or shall hereafter pay by mistake
whether of law or fact to any lawful collector of state
taxes any larger sum than was properly payable, and
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1868, c.302, s.1.
Payment of
taxes by mis-
take.
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such taxes shall not have been paid by such collector
into the treasury of the state, such person or corpora-
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Proceedings
when not paid
into treasury.
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tion may file a petition in the circuit court of the
county in which such person resides or in which such
corporation has its principal place of business or in
Baltimore city court, if such person has his residence
or such corporation its principal place of business in
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Petition to cir-
cuit court.
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the city of Baltimore, stating in the said petition to
whom said taxes were paid and when and the amount
thereof, and on what account and for what year the
taxes were so paid, and all the facts necessary to enable
the court to determine the question involved; and
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What to con-
tain.
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thereupon the said court shall lay a rule requiring the
tax collector to whom said taxes were paid to answer
the petition by a day named, which rule shall be served
on such collector; and the states' attorney for the
county or city of Baltimore in which the said petition
shall be filed shall appear to said proceedings on behalf
of the said collector without charge, and if the court
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Rule on collec-
tor.
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after a hearing of the matter of said petition in such
manner and according to such regulations for ascer-
taining the facts of the case, as it shall by its rules
prescribe, shall be of opinion that the taxes alleged
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Hearing.
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