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A. W. BRADFORD, ESQUIRE, GOVERNOR.
but that to enable the State's Attorney to get an
efficient judgment from that court, he was advised
to make his fifth point in argument before that
courty show in the report of said case, which was
contrary to his engagement with the defendants,
it having been agreed between the parties that if
the decision of the County Court should be re-
versed, the Case was not to be remanded to that
court for a new trial; that the State's Attorney,
however, after the case was returned to the County
Court, entered, as in honor and duty bound, a non
pros, for the State.
And further, that upon the facts disclosed at the
trial of said case, it having been seen that the said
John M. Carleton was vested with no lawful au-
thority to make collections of direct tax in Alle-
gany county, the Commissioners of said county,
upon a bill filed by their Attorney, William Price,
Esq., in Allegany County Court, October, eighteen
hundred and forty-three, a few days after said
trial, obtained an injunction restraining the said
Carleton from making collections of the direct tax
for the years eighteen hundred and forty-one and
eighteen hundred and forty -two, within Allegany
county, and that said injunction remains undis
solved, and all further proceedings of the said Carle-
ton, as such Collector, have been suspended ever
since, and he himself been a non-resident of the
State for more than ten years past; that only one
of the sureties in his official bond now survives,
the other having dred several years ago, and his es-
tate been long since fully administered; and that a
renewal of the suit under such circumstances, at
this date, after a lapse how of more than twenty
years, would be a gross wrong, entirely unworthy
of the State; therefore,
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24?
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SECTION 1 . Be it enacted by the General Assembly
of Maryland, That the claim of the State be and
is hereby released to all balances or sums appear-
ing to be due to the State from John M. Carleton,
as Collector of the direct tax in Allegany county
for the years eighteen hundred and forty-one and
eighteen hundred and forty-two, according to the
Treasurer's statement of the said Carleton's ac-
count with the State, as such Collector, upon the
books of the Treasury Department, and that said
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Released.
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