1066 HABEAS COEPUS. [ART. 42

1904, art. 42, sec. 13. 1888, art. 42, sec. 13. 1860, art. 43. sec. 13. 1809, ch. 125,

sec. 2. 1880, ch. 6, sec. 13.

13. If the court granting the said writ of habeas corpus shall not
be in session at the return thereof or if the judge granting the s'aid writ
of habeas corpus shall be absent at the return thereof the said writ
shall be returned before any court or judge which or who would orig-
inally have had power or jurisdiction to issue such writ under the
provisions of sections 1 and 3 if application in the .particular case had
been originally made to such court or judge

Ibid. sec. 14. 1888, art. 42, sec. 14. 1860, art. 43, sec. 14. 1886, ch. 255.

14. No person who shall have been delivered upon a habeas corpus
shall afterwards be imprisoned or committed for the same offense other-
wise than by the order or process of the court wherein he or she shall
be bound by recognizance to appear or some other court having jurisdic-
tion of the cause or upon surrender by his or her bail.

Ibid. sec. 15. 1888, art. 42, sec. 15. 1860, art. 43, sec. 15. 1809, ch. 125, sec. 6.

15. If any judge, whether in court or out of court, shall refuse any
writ of habeas corpus by this article required to be granted, he shall be
liable to the action of the party grieved.

Ibid. sec. 16. 1888, art. 42, sec. 16. 1860, art. 43, sec. 16. 1809, ch. 125, sec. 5.

16. No citizen of this State committed to the custody of an officer
for any criminal matter .shall be removed from thence into the custody
of another officer, unless it be by habeas corpus or by other legal writ,
except where the prisoner shall be delivered to a constable or other
inferior officer, to be carried to some common jail, or shall be removed
from one place to another within the said county or an adjoining
county, in order to his discharge or trial in due course of law; or in
case of sudden fire or infection, or other necessity; or where the
prisoner shall be charged by affidavit or other lawful evidence with
treason, felony or other crime alleged to be done in any other of the
United States of America or territories thereof—in which last case
he shall, on the demand of the executive authority of the State, district
or territory from which he fled, be immediately delivered up.

This section is intended to prevent the danger of protracting the impris-
onment, and affirms the principle that the prisoner ought to be committed to
the proper prison in the first instance. Cocking v. Wade. 87 Md. 539.

This section does away with the necessity for a writ for the removal of a
prisoner from one county to an adjoining county. Blake v. Burke, 42 Md. 49.

Ibid. sec. 17. 1888. art. 42, sec. 17. 1880, ch. 6, sec. 17.

17. Whenever any court in this State having jurisdiction in the
premises, other than the court of appeals, or when any judge of any
court in this State having jurisdiction in the premises shall release or
discharge any person brought before such court or judge, under the writ
of habeas corpus, charged with the violation of the provisions of any
act of assembly of this State, or section thereof or of any article or