1528 ARTICLE 42.

returned before any court or judge which or who would originally have
had power or jurisdiction to issue such writ under the provisions of sec-
tions 1 and 3 if application in the particular case had been originally
made to such court or judge.

An. Code; sec. 14. 1904, sec. 14. 1888, sec. 14. 1886, ch. 255.

13. 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 jurisdiction
of the cause or upon surrender by his or her bail.

An. Code, sec. 15. 1904, sec. 15. 1888, sec. 15. 1809, ch. 125, sec. 6.

14. 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.

An. Code, sec. 16. 1904, sec. 16. 1888, sec. 16. 1809, ch. 125, sec. 5.

15. 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 infec-
tion, or other necessity; or where the prisoner shall be charged by affida-
vit 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 au-
thority of the State, district or territory from which he fled, be imme-
diately delivered up.

This section is intended to prevent the danger of protracting the imprisonment,

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.

An. Code, sec. 17. 1904, sec. 17. 1888, sec. 17. 1880, ch. 6, sec. 17.

16. Whenever any court in this State having jurisdiction in the prem-
ises, 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 section of the code of
public general laws or public local laws of this State, upon the ground,
or for the reason, that such act of assembly, or section thereof, or such
article or section of the code of public general laws or public local laws is
unconstitutional and void, in whole or in part, because contrary to the
constitution or bill of rights of this State, or because contrary to the con-