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512 JOURNAL OF PROCEEDINGS [Feb. 26,
D. The Court of Appeals, though not permitted un-
der the law to admit as a defence against the State,
the well known facts attending Archer's defalcations,
have not hesitated to express their views of the hard-
ship of the case. The hardship to the State having
been suggested, they say: ''We have nothing to do
with the supposed hardship of the case, but it must
be evident that the hardship is not entirely on one
side. When Archer's sureties executed this official
bond, they had a most just and reasonable expectation
that their liability would not extend beyond the
period of two years, with the addition of the short
time allowed by law for the qualification of a suc-
cessor. Circumstances, which are well-known, con-
tinued their liability for two years longer, and this
occurred without any default on their part. The law
operated against them with great severity, but it was
enforced."
Opinion of the Court, per Judge Bryan, on motion
to remand for new trial case on bond of 1886.
E. Precedents for the relief of sureties on official
bonds are numerous. In this State the Legislature
(Act of 1858, chapter 286), released entirely the sure-
ties of Lloyd B. Smith, Collector of Taxes in Alle-
gany county, and in 15 Md., 205, (State vs. Hendrick-
son & Smith) the Court of Appeals affirmed the right
of the Legislature to do so. Again (Act 1886, ch. 327,)
the Legislature released entirely the sureties of Sheriff
Knotts, of Caroline county.
Acts of our own Legislature for partial release of
sureties are very numerous.
Amongst the Acts of Crongress are many such pre-
cedents.
About 1842, Purser Southall, of the Navy, defaulted
to the extent of $40,000, and in 1852 or 1853, Congress
released his sureties upon the payment of $1,400.
About 1872, David L. Stanton, Collector of Internal
Revenue for a Maryland District, defaulted to the ex-
tent of $40,000. The Forty-Third Congress in 1875,
released entirely Zephaniah Poteet, Jno. H. Longnecker
and John T. Ensor, his sureties. (State at Large,
volume 18, part 3, page 419.)
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