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Alexander's British statutes in force in Maryland. 2d ed., 1912
Volume 194, Page 282   View pdf image (33K)
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282 11 H. 4, CAP. 3, AMENDMENTS.
justice cannot detain a person suspected in prison but during a convenient
time only to examine him, which the law intends to be three days, (Davis v.
Capper, 10 B. & C. 28,)1 and within that time to take his examination and
send him to prison; nor ought he to detain him in prison in his own house,
hut he is to commit him to the common gaol of the county; for otherwise,
when the justices come to deliver the gaol, he is not in the gaol and may
not be delivered, and so lie longer than is reasonable. If a party be arrested
without warrant, he must be conveyed to the nearest magistrate, and it is
a false imprisonment if the officer or person having him in charge pass one
justice of the peace on his way to another. In R. v. Kendal and Roe, 1
Salk. 347, Holt C. J. cited Lord Hale as having said, that if a justice of
the peace direct a warrant to any particular person he might execute it,
and supposing the commitment ought to have been to the county gaol, yet
the want of that would not make the warrant void, see 2 Hawk. P. C. 183,
186. In R. v. Smith, 2 Str. 934, however, Smith was discharged on habeas
corpus, because the warrant was not directed to any gaoler, but was only
generally to carry him to prison.
By Art. 43, sec. 16,2 of the Code, no citizen of the State, committed to
the custody of an officer for any criminal matter, shall be removed from
thence into the custody of another officer, unless by habeas corpus or other
legal writ, except where the prisoner is delivered to a constable or other
inferior officer to be carried to some common gaol, or be removed to take
911 his trial, &c. This is intended to prevent the vexation* and danger
of protracted imprisonment, which might be occasioned by the removal of
the prisoner from one custody to another. And it affirms therefore the
principle, that the prisoner ought to be committed to the proper prison in
the first instance.
' But see McBee v. Fulton, 47 Md. 425.
2 Code 1911, Art. 42, sec. 16; Blake v. Burke, 42 Md. 49.
As to liability of the sheriff for negligence in failing to take proper pre-
cautions to prevent the lynching of a prisoner, see Cocking v. Wade, 87
Md. 529.
STATUTES
Made at WESTMINSTER, Anno 11 HEN. IV. and A. D. 1409.
CAP. III.
Records shall not be amended or impaired after Judgment inrolled.
Item, it is ordained and Item ordeignez est & established,
That the Justices liz qe justices des assises par
assigned, and to be assigned, commisaion notre seignour Ie
to take Assises by Commis- roy en les countees de roialrne

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Alexander's British statutes in force in Maryland. 2d ed., 1912
Volume 194, Page 282   View pdf image (33K)
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