966 MANDAMUS. [ART. 601

any disinterested! person, and by his attending physician, for as
period not exceeding three months; said contract may be ex-
tended by renewal; but if, at the expiration of the period of
contract, such person should be insane and unfit to be discharged,
in the opinion of the medical superintendent, the lunacy com-
mission shall be duly notified in writing of the facts, and said
commission shall investigate the same, and if, in their opinion,
such person is unfit to be discharged, then and in such case, said
commission shall be- authorized to renew the contract by their
own authority for ene- month at a time.

1886,. ch. 487, see. 39.

38. No institution! for the custody, confinement or treatment
of the insane, whether public, corporate or private, shall be auth-
orized to hold in confinement or custody any number of insane
persons exceeding five, for compensation, unless there shall be a
physician in regular attendance upon such institution or house.

ARTICLE LX.

MANDAMUS.

1. Application for. 2. Rule to show cause why & should not issue. 3. Answer. 4. Defendant not to be permitted to rely on any mattes in second ap- plication which might have been pleaded to the first.

5. Pleading. 6. To stand for trial, when. 7. Trial by jury or court; judgment.. 8 Costs. 9. Ex parte hearing. 10. Dismissal of petition with costs. 11. Must be peremptory. 12. Appeal bond.

P. G. L., (1860,) art. 59, sec. 1. 1806, ch. 90, sec. 9. 1858, ch. 285, sec. 1.

1. All applications for granting writs of mandamus shall be;
made to the circuit courts for the several counties, and the supe-
rior court of Baltimore city, the court of common pleas of Balti-
more city, or the Baltimore city court, or to the judges of said