968 MANDAMUS. [ART. 60.

court); and if such issue shall be joined during the session, then
the same shall stand for trial during such term, unless sufficient
cause shall be shown to the court by the party defendant, for the
continuance thereof, in which case such issue shall be heard on
the second day of the next succeeding term of such court, unless
the parties shall agree upon an earlier day.

P. G L , (1860.) art 59, sec. 7. 1858, ch. 285, sec. 4.

7. Such issues shall be tried by a jury, if either party desire
it; but they may be heard or determined by the court if both par-
ties agree; and in case a verdict shall be found for the petitioner,
or if the court upon hearing determine in favor of the petitioner,
or judgment be given for him upon demurrer or for want of a
plea, such petitioner shall thereupon recover his damages and
costs as he might have done in an action on the case for a false
return, to be levied by execution, or attachment, and a peremptory
writ of mandamus shall be granted thereupon without delay
against the defendant.
Booze v. Humbird, 27 Md 1.

Ibid. sec. 8. 1858, ch. 285, sec. 4.

8. If judgment shall be given for the defendant, he shall recover
his costs of suit, to be levied in manner aforesaid.

Ibid, sec 9. 1858, ch 285, sec. 5.

9. If the defendant shall neglect to file his answer to the peti-
tion by the day named in the order of the judge, after v. being
served with notice thereof, the said judge shall thereupon proceed
to hear the said petition ex parte, within five days thereafter, and
if he shall be of the opinion that the facts and law of the case
authorize the granting of a mandamus as prayed, he shall there-
upon, without delay, order a peremptory mandamus to issue, and
shall also adjudge to the petitioner his costs of suit.

Legg v. M. & C. C. of Annapolis, 42 Md. 203.

Ibid. 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.

Legg v. M. & C. C. of Annapolis, 42 Md. 203.