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The Annotated Code of the Public General Laws of Maryland, 1939
Volume 379, Page 1720   View pdf image (33K)
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1720 ARTICLE 41

1937, ch. 179, sec. 13H.

20. (Manner and Place of Execution.) Such warrant shall authorize
the peace officer or other person to whom directed to arrest the accused at
any time and any place where he may be found within the state and to com-
mand the aid of all peace officers or other persons in the execution of the
warrant, and to deliver the accused, subject to the provisions of this
sub-title to the duly authorized agent of the demanding state.

1937, ch. 179, sec. 13-I.

21. (Authority of Arresting Officer.) Every such peace officer or other
person empowered to make the arrest, shall have the same authority, in
arresting the accused, to command assistance therein, as peace officers have
by law in the execution of any criminal process directed to them, with like
penalties against those who refuse their assistance.

1937, ch. 179, sec. 13J.

22. (Rights of Accused Person; Application for Writ of Habeas
Corpus.) No person arrested upon such warrant shall be delivered over
to the agent whom the Executive Authority demanding him shall have
appointed to receive him unless he shall be first taken forthwith before a
judge of a court of record in this state, who shall inform him of the demand
made for his surrender and of the crime with which he is charged, and
that he has the right to demand and procure legal counsel; and if the
prisoner or his counsel shall state that he or they desire to test the legality
of his arrest, the judge of such court of record shall fix a reasonable time
to be allowed him within which to apply for a writ of habeas corpus. When
such writ is applied for, notice thereof, and of the time and place of hearing
thereon, shall be given to the prosecuting officer of the county or the City of
Baltimore in which the arrest is made and in which the accused is in
custody, and to the said agent of the demanding state.

1937, ch. 179, sec. 13K.

23. (Penalty for Non-Compliance with Preceding Section.) Any
officer who shall deliver to the agent for extradition of the demanding state
a person in his custody under the Governor's warrant, in willful disobedi-
ence to the last section, shall be guilty of a misdemeanor and, on conviction,
shall be subject to a fine of not more than $1,000.00, or be imprisoned
not more than six months, or both, the trial of said case to be conducted
in the Circuit Court of the County, or in the Criminal Court of Baltimore
City, wherever the offense shall have been committed.

1937, ch. 179, sec. 13L.

24. (Confinement in Jail When Necessary.) The officer or persons
executing the Governor's warrant of arrest, or the agent of the demanding
state to whom the prisoner may have been delivered, may, when necessary,
confine the prisoner in the jail of any county or city through which he may
pass; and the keeper of such jail must receive and safely keep the prisoner
until the officer or person having charge of him is ready to proceed on
his route, such officer or person being chargeable with the expense of
keeping.

The officer or agent of a demanding state to whom a prisoner may have
been delivered following extradition proceedings in another state, or to


 

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The Annotated Code of the Public General Laws of Maryland, 1939
Volume 379, Page 1720   View pdf image (33K)
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