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ELIHU B. JACKSON, ESQUIRE, GOVERNOR.
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433
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CHAPTER 391.
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AN ACT to reimburse to the county commissioners of Carroll
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county, money erroneously paid into the State treasury on ac-
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count of marriage licenses, issued under chapter four hundred
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and ninety-seven, of the acts of assembly, eighteen hundred
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and eighty-six, by William N. Martin, clerk of the circuit court
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for Carroll county, Maryland.
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WHEREAS, by a decision of the court of appeals of Maryland,
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in the case of the State versus Davis, vide seventy Maryland re-
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ports, page two hundred and thirty-seven, it was determined that
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all money from marriage licenses under chapter four hundred and
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Preamble.
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ninety-seven, of the acts of eighteen hundred and eighty-six, was
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legally retainable by the clerks of the courts issuing the same ;
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and,
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WHEBEAS, under a misinterpretation of said law and until the
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above case was decided, said William N. Martin, clerk as aforesaid,
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did pay into the State treasury the following amounts, that is to
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say : for the year eighteen hundred and eighty-six, the sum of
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Preamble.
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forty-five dollars and thirteen cents ($45.13); for the year eigh-
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teen hundred and eighty-seven, the sum of one hundred dollars
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and seventy-two cents ($100.72); for the year eighteen hundred
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and eighty-eight, the sum of one hundred and eighteen dollars
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and seventy-six cents ($118.76), aggregating the sum of two hun-
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dred and sixty-four dollars and sixty-one cents ($264.61); and,
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WHEREAS, said clerk should have returned said amounts to
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said State treasury as excess of fees in the several years to which
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Preamble.
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they belong, he having received full compensation for the dis-
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charge of his duties and for the expenses of his office for said
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years as provided by law; and,
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WHEBEAS, under an act of assembly passed at January session
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eighteen hundred and eighty-two, chapter one hundred and eighty-
nine, the treasurer of the State of Maryland is authorized and di-
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Preamble.
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rected to pay to the county commissioners of Carroll county in each
and every year such excess of fees as may be paid into the treasury
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of the State after the first day of December, in the year eighteen
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hundred and eighty-one, by the clerk of the circuit court for Car-
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roll county, being the amount of fees received by said clerk in ex-
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cess of his compensation for the discharge of his duties and for
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the expenses of his office; therefore,
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SECTION 1. Be it enacted by the General Assembly of Maryland,
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That the comptroller of the treasury is hereby authorized and
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To pay
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directed to draw his warrant upon the State treasurer in favor of
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the county commissioners of Carroll county for said sum of two
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hundred and sixty-four dollars and sixty-one cents, agreeably to
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