2524 ARTICLE 60

An. Code, 1924, sec. 10. 1912, sec. 10. 1904, sec. 10. 1888, sec. 10. 1858, ch. 285, sec, 5.

10. If the judge shall, upon such ex parte hearing, be of opinion that
the facts and law of the case do not authorize the granting of a mandamus,
he shall dismiss such petition with costs.

Cited but not construed in Legg v. Annapolis, 42 Md. 222.

An. Code, 1924, sec. 11. 1912, sec. 11. 1904, sec. 11. 1888, sec. 11. 1858, ch. 285, sec. 6.

11. It shall not be lawful for any judge to order a mandamus to issue
in the alternative, but in all cases where a mandamus shall be ordered
to issue, it shall be peremptory in form.

An. Code, 1924, sec. 12. 1912, sec. 12. 1904, sec. 12. 1888, sec. 12. 1888, ch. 388.

12. In case of an appeal by the defendant, the court shall fix the
penalty of the appeal bond necessary to be given to stay the execution or
enforcement of the order appealed from.

Cited but not construed in Baltimore v. Libowitz, 159 Md. 34.

As to mandamus re tax assessments, see art. 81, sec. 184.