ART. 60.] PLEADINGS—TRIAL. 967

courts, respectively, during the recess of the court, and shall be
commenced by petition, verified by the affidavit of the applicant,
and setting forth fully the ground of his application.

Eichelberger v. Sifford, 27 Md. 320. Hardcastle v. Md. & Del. R. R Co., 32
Md. 32. Brooke v. Widdicombe, 39 Md. 386.

F. G. L., (1860,) art. 59, sec. 2. 1858, ch. 285, sec. 2.

2. Upon the filing of such petition, the court or judge to whom
the same is addressed shall lay a rule requiring the defendant
therein named to show cause, within such time as the court or
judge may deem proper, why a writ of mandamus should not issue
as prayed, a copy of which rule shall be served upon such defend-
ant by a day to be therein limited.

Ibid. sec. 3. 1858, ch. 285, sec. 8.

3. The defendant, by the day named in such order, shall file
an answer to such petition, fully setting forth all the defences
upon which he intends to rely in resisting such application, which
shall be verified by his affidavit.

Legg v. Mayor & C. C. of Annapolis 42 Md. 203.

Ibid sec. 4. 1858, ch. 285, sec. 3.

4. No defendant shall be allowed, on a second application for
a mandamus, to rely upon any matter by way of defence thereto
which he might have relied on in his answer to a previous appli-
cation for a mandamus by the same petitioner.

Ibid sec. 5. 1828, ch 78. 1858, ch 285, sec. 4.

5. The petitioner may plead to or traverse all and any of the
material averments set forth in said answer, and the defendant
shall take issue or demur to said plea or traverse within five days
thereafter; and such further proceedings shall thereupon be had
in the premises for the determination thereof, as if the petitioner
had brought an action on the case for a false return.

Barney v. State, 42 Md. 480.

Ibid sec. 6. 1858, ch. 285, sec 4.

6. If issue shall be joined on such proceedings, the same shall
stand for trial on the second day of the next succeeding term of
such court, (in case such issue shall be joined in the recess of such.