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Party suing
out may
plead to, or
traverse the
return, and
the party
making
such return
may reply,
demur, or
take issue,
&c.
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any case of intrusion, or usurpation, or of any breach or viola-
lation of any of the terms, conditions, privileges or franchises,
or of unlawfully holding of any of the said offices, of or in, or
under, any charter, or incorporation, granted by this state, any
writ of rnandamus shall issue out of any of the said courts, and
a return shall be made thereunto, it shall and may be lawful to
and for the person or persons, suing or prosecuting such writ of
mandamus, to plead to and traverse all or any of the material
facts contained in the said return ; to which the person or per-
sons making such return shall reply, take issue or demur ; and
such further proceedings, and in such manner, shall be had
therein, for the determination thereof, as might have been had
if the person or persons suing such writ, had brought his, her
or their action on the case, for a false return ; and if any issue
shall be joined on such proceedings, the person or persons
suing such writ, shall and may try the same in such place as
an issue joined in such action on the case, should or might
have been tried ; and in case a verdict shall be found for the
person or persons suing such writ, or a judgment be given for
him, her or them, upon a demurrer, or by nil dicit, or for want
of a replication, or other pleading, he, she or they, shall recover
his, her or their damages and costs, in such manner us he, she
or they, wight have done in such action on the case as afore-
said ; such costs and damages to bo levied by capias ad satisfa-
ciondum, fieri facias, or attachment; and a peremptory writ of
mandamus shall be granted thereupon, without delay, for him,
her or them, for whom judgment shall be given, as might have
been if such return had been adjudged insufficient; and in
case such judgment shall be gived for the person or persons
making such return to such writ, he, she or they, shall recover
his, her or their costs of such suit, to be levied in manner
aforesaid.
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Preamble.
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WHEREAS, by a resolution passed at December session, eigh-
teen hundred and twenty-seven, No. seventy-seven, the clerks
of the levy courts, or commissioners of counties, were required,
under the penalty of one hundred dollars, on or before the first
day of January in each and eyery year thereafter, to prepare
and transmit to the treasurer of the western shore, a detailed
statement of the aggregate of valuation, rate of tax per hundred
dollars, amount of levy, and each general charge of expenditure
in the several counties of this state, according to the form
which appears in the journal of the house of delegates of the
said session, fronting page three hundred and twenty-two:
And whereas, the said treasurer by the said resolution, was
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