HABEAS COEPUS. 1527

An. Code, sec. 10. 1904, sec. 10. 1888, sec. 10. 1809, ch. 125, sec. 3.

9. Any person committed or detained, or any person in his behalf,
may demand a true copy of the warrant of commitment or detainer; and
any officer or other person who shall neglect or refuse to deliver a true
copy of the warrant of commitment or detainer, if any there be, within
six hours after the same shall have been demanded, shall forfeit to the
person detained five hundred dollars. The right of action to recover which
or to recover the forfeiture in the next preceding section shall not cease
by the death of either or both of the parties.

An. Code, sec. 11. 1904, sec. 11. 1888, sec. 11. 1809, ch. 125, sec. 2.

10. On the return of a writ of habeas corpus, and producing the per-
son detained and the cause of detention before the court or judge who
granted the writ, the court or judge shall immediately inquire into the
legality and propriety of such confinement or detention, and if it shall
appear that such person is detained without legal warrant or authority
he shall immediately be released or discharged, or if the court or judge
shall deem his detention to be lawful and proper he shall be remanded
to the same custody, or admitted to bail if his offense be bailable, and if
bailed the court or judge shall take a recognizance to answer in the proper
court and shall transmit the same to such court.

If a prisoner is brought up on habeas corpus, and it appears that the offense was
committed in another county, he may be recognized to appear before the court
having jurisdiction. Parrish v. State, 14 Md. 245.

The facts being admitted, it is competent for judge to decide whether there is
sufficient legal cause for detention of prisoner. McDonald v. State, 45 Md. 98 (note).

See notes to sec. 3.

An. Code, sec. 12. 1904, sec. 12. 1888, see. 12. 1813, ch. 175.

11. Any person at whose instance or in whose behalf a writ of habeas
corpus has been issued may controvert by himself or his counsel the truth
of the return thereto or may plead any matter by which it may appear
that there is not a sufficient legal cause for his detention or confinement,
and the court or judge, on the application of the party complaining or
the officer or other person making the return shall issue process for wit-
nesses or writings returnable at a time and place to be named in such pro-
cess, which shall be served and enforced in like manner as similar pro-
cess from courts of law is served and enforced, but before issuing such
process the court or judge shall be satisfied by affidavit or otherwise of
the materiality of such testimony.

The facts stated in return may be controverted, and it may be shown that no judg-
ment or execution in fact exists, or that the court had no jurisdiction; but if there is
a judgment by a competent court, then there can be no inquiry as to whether judg-
ment is erroneous. Habeas corpus is not a writ of error. Ex Parte Maulsby, 13 Md.
637. See also State v. Glenn, 54 Md. 574.

An. Code, sec. 13. 1904, sec. 13. 1888, sec. ;3. 1809, ch. 125, sec. 2. 1880, ch. 6, sec. 13.

12. 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 said writ of
habeas corpus shall be absent at the return thereof the said writ shall be