1488 MANDAMUS. [ART. 60

1888, art. 60, sec. 4. 1860, art. 59, 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 defense thereto
which he might have relied on in his answer to a previous
application for a mandamus by the same petitioner.

Ibid. sec. 5. 1860, art. 59, 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 defen-
dant shall take, issue or demur to said plea or traverse within
five days thereafter; and such further proceedings shall there-
upon be had in; the premises for the determination thereof as
if the petitioner had brought an action on the case for a false
return.

Weber v Zimmerman, 23 Md 45. Barney v. State, 42 Md. 480 Devin
v. Belt, 70 Md. 352. Hooper v. New, 85 Md. 565.

Ibid. sec. 6 1860, art. 59, 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 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.

Ibid. sec. 7. 1860, art. 59, sec. 7. 1858, ch. 285, sec. 4.

7. Such issue shall be tried by a jury if either party desire
it; but they may be heard or determined by the court if both
parties agree; and in case a verdict shall be found for the peti-
tioner, 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 there-
upon without delay against the defendant.
Booze v. Humbird, 27 Md. 1. Upshur v. Baltimore City, 94 Md. 760.

Ibid. sec. 8. 1860, art 59, 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.