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and 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 issues shall be joined during the session
of such Court, then the same shall stand for trial
during such term, unless sufficient cause shall be
shewn to the Court by the party or parties de-
fendant, for the continuance thereof, in which
case such issues shall be heard on the second day
of the next succeeding term of such Court, unless
the parties shall agree upon an earlier day, and
such issues shall be tried by jury if either party
desire it, as other issues of fact are triable, but
they may be heard or determined by such Court
if both parties agree, and in case a verdict shall
be found for such petitioner, or judgment given
for him upon demurrer or for want of a plea,
such petitioner shall thereupon recover his dama-
ges and costs, as he might have done in such ac-
tion on the case aforesaid, to be levied by execu-
tion on attachment, and a peremptory writ of
Mandamus shall be granted thereupon without de-
lay against such defendant or defendants, and in
case such judgment shall be given for the defen-
dant or defendants, he, she or they shall receive
his, her or their costs of suit, to be levied in
manner aforesaid.
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In case of ne-
glect to file an-
swer.
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SEC. 5. And be it further enacted, That in case
such defendant or defendants shall neglect to file
his, her or their answer to such petition by the
day named in the order of the judge, after being
served with notice thereof, the said judge shall
thereupon proceed to hear the said motion ex parte
within five days thereafter, and if he shall be of
the opinion that the facts and law of the case au-
thorise the granting of a Mandamus as prayed,
he shall thereupon without delay order a peremp-
tory Mandamus to issue, and shall also adjudge to
the petitioner his costs of suit, and if he shall be
of opinion that the facts and law of the case do
not authorise the granting of a Mandamus, he
shall dismiss such petition with costs against the
defaulting defendant or defendants.
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Not lawful for
Judge to issue.
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SEC. 6. And be it further enacted, That from
and after the passage of this act, it shall not be
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