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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 4, Page 351   View pdf image (33K)
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WILLIAM S. GREEN'S ESTATE. 351
The treasurer, by his construction of these resolutions, re-
fused to credit on the said judgments against Green and his
sureties, any thing more than commissions, after the usual
rates, on the principal sums for which said judgments were
rendered and the interest on the same. The attorney general
also, further insisted that these resolutions were obtained by
surprise and misrepresentation, and further, that the legisla-
ture had no authority to pass them, and that they are void, as
being in contravention of the 4th and 6th articles of the de-
claration of rights.
Brown & Welch, the sureties of Green, insisted that by the
true construction of these resolutions they were entitled to
Lave credited on said judgments all the commissions which
may have been at any time heretofore forfeited by said Green
as clerk, and all the interest on balances against him which
may have been at any time heretofore paid into the treasury,
and that such was the design and intention of the legislature in
passing said resolutions. They accordingly, on the 4th of
May, 1847, filed their bill against the attorney general for an
injunction, restraining execution on these judgments until the
further order of the court, and from a "pro forma order of the
Chancellor, continuing this injunction, the attorney general ap-
pealed. This appeal was argued in the Court of Appeals, at
its December terra, 1847, when the decree was affirmed,
ARCHER, C. J. delivering the following opinion of the court,
which has not before been reported in any of the Maryland
reports.
"The resolutions of the legislature, referred to in the record,
are so clearly and unambiguously worded as to leave no doubt
of their construction.
"The first resolution requires the accounts of William S.
Green, clerk of Anne Arundel county, to be examined and
corrected by allowing him for commissions which may have
been withheld because of his delay in making payments into
the treasury within the time limited by law for the purpose,
and also with interest.
"These accounts were kept at the treasury against William S.

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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 4, Page 351   View pdf image (33K)
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