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The Maryland Code : Public General Laws and Public Local Laws, 1860
Volume 145, Page 319   View pdf image (33K)
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ART. 43.] HABEAS CORPUS. 319

ARTICLE XLIII.
Habeas Corpus.

SEC. 1. The several Circuit Courts of this State, the Superior
Court of Baltimore city, the Circuit Court for Baltimore city,
and the Criminal Court of Baltimore, and the several and
respective judges thereof, out of court, and each of the Judges
of the Court of Appeals, shall have jurisdiction over the whole
State in all matters relative to habeas corpus.

2. The writ of habeas corpus may and shall be granted by any
of said courts, or by any of the judges mentioned in the pre-
ceding section, whether in term or vacation, upon application
being made as herein directed.

3. If any person be committed, detained, confined, or restrained
for any crime, or under any color or pretence whatsoever, he
may complain to any of the courts or judges mentioned in the
first section of this article, (or any one in his behalf may so com-
plain,) and the said court or judge shall forthwith grant a habeas
corpus, directed to the officer or other person in whose custody
the party detained shall be, returnable immediately before the
said court or judge granting the same.

4. The writ of habeas corpus shall be served by delivering it
to the officer or other person to whom it is directed, or by leaving
it at the prison or place in which the party suing it out is detained;
and such officer or other person shall, within three days after
such service, make return of the writ, and cause the person
detained to be brought before the court or judge, according to
the command of the writ, and shall likewise certify the true
causes of his detainer or imprisonment, (if any,) or under what
color or pretence such person is confined or restrained of his
liberty.

5. But if the person detained is to be brought more than
twenty miles, the officer or other person shall be allowed so
many days more to bring him in, as will be equal to one day for
every twenty miles of such further distance.

 

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The Maryland Code : Public General Laws and Public Local Laws, 1860
Volume 145, Page 319   View pdf image (33K)
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