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LAWS OF MARYLAND.— 1809.
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569
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remove him, or avoid the process, the judge shall issue the habeas corpus,
and cause the person to be immediately brought before him.
By 1826, ch. 223, either of the judges of Baltimore city court may issue
writs of habeas corpus.
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SEC. 2. And be it enacted, That if any person in the vaca-
tion time shall be or stand committed or detained as aforesaid
for any crime, or under any colour or pretence whatsoever,
unless it be for treason or felony, plainly expressed in the war-
rant of commitment, the prisoner or person detained, not being
convict or in execution by legal process, or any one on his
behalf, may complain to the chancellor, or any judge of the
court of appeals, or of the county courts of this state, or to the
chief justice of the court of oyer and terminer and gad delivery
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Person
committed
in vacation
time, upon
complaint
to the
chancellor,
&c. enti-
tled to a
habeas
corpus,
returnable
immediate-
ly.
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for Baltimore county, who, at the request of such prisoner or
person detained, or other person on his behalf, or upon a view
of a copy of the warrant of commitment or detainer, or cause
of commitment or detainer, or otherwise, upon affidavit made
that a copy thereof was demanded of him in whose custody the
prisoner was detained, and the same neglected or refused to be
given, to award and grant a habeas corpus, to be directed to the
officer or other person in whose custody the party committed or
detained shall be, returnable immediately before the said chan-
cellor, judge or chief justice, and upon service thereof as afore-
said, the officer or person in whose custody the party is so
committed or detained, shall, within the times before respec-
tively limited, bring the prisoner or person detained before the
said chancellor, judge or chief justice, before whom the writ is
made returnable, or in case of his absence, before any other of
them, with the return of the writ, and the true causes, if any, of
the commitment or detainer, and thereupon the chancellor, judge
or justice, before whom the prisoner shall be brought, shall,
within two days thereafter, discharge him or her from imprison-
ment, taking his or her recognizance, with security, in any sum,
according to the direction of the chancellor, judge or justice,
having regard to the circumstances of the prisoner and the na-
ture of the offence, for his or her appearance in the county court
the term following, or in some other court where the offence is
properly cognizable, as the cause may require, and then also
certify the same writ, with the return thereof, and the said
recognizance, into the said court where such appearance is to
be made, unless it appear to the chancellor, judge or justice,
that the party so committed is detained upon a legal process,
under a warrant out of some court that hath jurisdiction of cri-
minal matters, or by some warrant signed with the hand of any
of the said judges or justices, or some justice of the peace, for
such matter or offence for which by law the prisoner is not bail-
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