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Passed March
7, 1864.
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AN ACT. to release the claim of the -State, to the
balances of direct tax for the years eighteen
hundred and forty-one and eighteen hundred
and forty-two, with which John M. Carleton
stands chargeable, as Collector of Allegany
county, on the books of the Treasury Depart-
ment.
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Preamble.
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WHEREAS, It has been satisfactorily shown that
upon a suit entered by the Deputy Attorney
General of the State for Allegany county, at
the October term of Allegany County Court,
eighteen hundred and forty-three, upon the official
bond of John M. Carleton, Collector of the direct
tax within Allegany county for the year eighteen
hundred and forty-one, to enforce the collection Of
a balance claimed from him, according to a state-
ment of the account of such Collector transmitted
to said Attorney by the Treasurer of the State.;
there was a trial by jury of the matters in contro-
versy in said suit, that the sureties in said bond,
who were all defendants to said suit, first obtained
a decision of the court in their favor, to the effect
that they were discharged from liability in conse-
quence of the supplementary laws passed by the
State, extending the times for payment of collec-
tions into the Treasury, as appointed by the origi-
nal law under which they executed the bond, but
that the case was nevertheless afterwards tried
without severance, in pleading by the defendants
upon its merits before the jury, which rendered a
verdict for the defendants.
That afterwards, by the courtesy of the defend-
ants and their counsel, the State's Attorney was
permitted to have a record raade up and transmit-
ted to the Court of Appeals for the sole purpose of
obtaining a decision of that court upon the pre-
liminary question raised by the sureties at the
trial, as aforesaid, respecting their liability; that
at the hearing before the Court of Appeals, the
decision of the County Court was reversed, (see
State vs. Carleton et al., eighteen hundred and
forty-three, one Gill, two hundred and forty-nine,)
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