1836.

LAWS OF MARYLAND.

CHAP. 176

of his claim, and of his intention to avail himself of
the provisions of this act, to the levy court of Freder-
ick county or to any three justices thereof, at least fif-
teen days before the May term of Frederick county

Mandamus.

court, to move said court for a writ of mandamus, to
he directed to the justices of the levy court of said
county, commanding them to levy and pay to the said
Samuel S. Hays the amount which may be due to him,
with interest thereon, from the time when the same
should have been paid, and the said court shall proceed
without continuance or postponement, to hear and de-
termine said motion, and render judgment thereon, ac-

Court directed

cording to law and right; provided however, that if it
shall appear to the court that justice cannot be done be-
tween the parties without continuance, they may in their
discretion continue the same to the next term of said
court upon such terms as they may impose, and at the
cost of the party asking such cont nuance, and the par-
ty in whose favour the judgmen ; of the court may be
given, shall recover his costs of suit.

Appeal provid-

ed

SEC. 2. And be if enacted, That either party may
appeal from the judgment of the county court, to the
court of appeals; Provided, said appeal be taken to the
next term of the court of appeals which shall happen
after the rendition of the judgment of the county court,
and the said court shall hear and decide on said appeal
at the term at which it shall be made.

Levy in case,

&c.

SEC. S. And be it enacted, That if the judgment of the
said court shall be in favour of the said Samuel S.
Hays, the levy court of Frederick county shall levy
the amount thereof for his use, at the nest annual levy
after the rendition thereof.

CHAPTER 176.

Passed Mar. 11
1837.

An act to provide for the opening and extension of Plank
Alley, in the City of Baltimore.

Authority to
open

Be it enacted by the General Assembly of Maryland,
That the Mayor and City Council of Baltimore, are
hereby authorised and empowered to provide by ordi-
nance in such manner as they may deem proper, for
the opening and extension of Plank Alley in said city,