508             JOURNAL OF PROCEEDINGS [Feb. 21,

Mr. Legg proposed the following amendment:

In the 18th line of 1st section, after the word " company,"
insert the following:

"The aforesaid appropriation to be applied to the construc-
tion of said road within the limits of Queen Anne's county,
or any other work of internal improvement in said county
that the Legislature may hereafter direct;"

Which was concurred in.
Mr. Burgess moved that the House adjourn ;
Which was not concurred in.
Mr. Briscoe proposed the following amendment:

"And whereas, doubts exist as to the constitutional power
of the Legislature of this State to enact into law the forego-
ing sections, therefore, that said question may be fully test-
ed, tried and finally settled, it is hereby further provided that
before any bond shall be issued in the name of the State, or
money paid, or in any manner appropriated for internal im-
provements, through any of its officers, as provided in this
bill, it shall be incumbent on the several companies hereinbe-
fore mentioned, to sue out or cause to be sued out of the Cir-
cuit court for Anne Arundel county, a writ of mandamus,
directed to the Comptroller of this State, to show cause why
he refuses to comply with the Raid foregoing provisions of this
act; and it is further provided and enacted, that it shall be
his duty to refuse to comply with the same until he shall be
directed to do so by the judgment of the court; and if such
judgment be awarded to the right of the several companies
aforesaid, then, and in that case, this act shall be deemed and
taken, and every feature thereof, as of no effect, but as null
and void, otherwise to be in full force and effect.

"Sec. 5. And be it enacted, That a right of appeal from
the decision of the Circuit court herein authorised to be made,
be and the same is hereby granted."                                 .

The yeas and nays being demanded, appeared as follow:

	Affirmative.
Messrs.	Bryan,	Coudy,
Kilbourn, Speaker	Wootton,	Eakle,
Durant,	Jones, P. George's	Brining,
Mackubin,	Kessler,	Griffith,
Briscoe,	Claggett,	Harding,
Parran,	Routzahn,	Roop,