THOMAS H. HICKS, ESQUIRE, GOVERNOR.

439

CHAPTER 285.

AN ACT for the Amendment of the Law in
Mandamus Cases.

Passed March

8, 1858.

SECTION 1. Be it enacted by the General Assem-
bly of Maryland, That from and after the pas-
sage of this act, all applications for the granting
of writs of Mandamus shall be made to the Cir-
cuit Courts of the several counties of this State,
and the Superior Court for the city of Baltimore,
as the case may be, and shall be commenced by
petition verified by the affidavit of the applicant,
and setting forth fully the ground of the appli-
cation.

Applications.

SEC. 2. And be it further enacted, That upon the
filing of such petition the judge to whom the same
is addressed shall lay a rule requiring the defen-
dant or defendants named therein to show cause
within such time as the judge may deem proper,
why a writ of Mandamus should not issue as
prayed, a copy of which rule shall be served upon
such defendant or defendants by a day to be there-
in limited.

To shew cause.

SEC. 3. And be it further enacted, That the
said defendant or defendants, by the day named
in such order shall file an answer to such petition
fully setting forth all the defences upon which
such defendant or defendants intend to rely in re-
sisting such application which shall be verified
by his, her or their affidavit, as the case may be,
and no defendant or defendants shall be allowed,
on a second application for a Mandamus to rely
upon any matter by way of defence thereto, which
he, she or they might have relied upon in his, her
or their answer to a previous application for a
Mandamus by the same petition.

To file an an-
swer.

SEC. 4. And be it further enacted, That it shall
and may be lawful for the petitioner in such pro-
ceedings to plead to and traverse all and any of
the material averments set forth in such answer,
and the said defendant and defendants, shall take
issue, or demur to said plea or traverse within
five days thereafter, and such further proceed-
ings 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,

Shall take is-
sue or demur
within five
days.