1764

ARTICLE 42

ARTICLE 42.

HABEAS CORPUS.

	Jurisdiction and Procedure.	15. Person committed to custody of officer
	1. What courts and judges may issue. 2 In term or vacation. 3. Any person detained in custody may	not to be removed into custody of other officer; qualifications. 16. Judge discharging person on ground of unconstitutionality of law, shall file
	apply for.	opinion and transmit papers to court
	4. Service and return.	of appeals for immediate review.
	5. In what cases immediate return may	17. Notice of hearing so State's attorney
	be ordered.	may be present.
	6. Duty of sheriff in such cases.	18. Return of commitment to magistrate
	7. Penalty for failure to obey writ in such	for correction of errors under cer-
	cases.	tain conditions.
	8. Penalty for failure to obey writ in	Procedure in Relation to Minors.
	ordinary cases.
	9. Person detained entitled to true copy	19. Commitment of minors to juvenile in-
	of commitment; penalty for refusal to furnish copy.	stitutions. 20. What is private custody within mean-
	10. Hearing and order of court. 11. Return may be traversed; witnesses	ing of sec. 21. 21. Minors brought upon habeas corpus from private custody; what orders
	summoned.
		court may pass.
	12. When court not in session or judge ab-
	sent, on return of writ, any other	Uniform Act for Extradition of Persons
	judge may hear case.	of Unsound Mind.
	13. Person delivered not to be afterwards	22-27. Sub-title, how cited; explanation of
	imprisoned for same offense; quali-	terms. Persons subject to sub-title.
	fications.	Procedure. Limitation. Interpreta-
	14. Penalty for refusing to grant writ.	tion of sub-title.

Jurisdiction and Procedure.

An. Code, 1924, sec. 1. 1912, sec. 1. 1904, sec. 1. 1888, sec. 1. Const, art. 4, sec. 29.
1876, ch. 373. 1880, ch. 6, sec. 1.

1. The court of appeals and the chief judge thereof shall have the
power to grant the writ of habeas corpus, and to exercise jurisdiction in
all matters relating thereto throughout the whole State. The circuit courts
for the respective counties of this State, and the several judges thereof,
out of court, the superior court of Baltimore City, the court of common
pleas of said city, the circuit court and circuit court No. 2 of Baltimore
City, and the Baltimore City court, and the judges of said several courts,
out of court, and the judge of the court of appeals from the city of Balti-
more, shall have the power to grant the writ of habeas corpus, and to ex-
ercise jurisdiction in all matters pertaining thereto.

Courts and judges are clothed with jurisdiction to issue habeas corpus at all times
and in all places throughout the state. Deckard v. State, 38 Md. 203.

Any attempted restriction upon the power of judges over habeas corpus is unconstitu-
tional. This, however, does not affect other portions of act, 1880, ch. 6. State v. Glenn,
54 Md. 596.

The portion of this section conferring original jurisdiction upon court of appeals
and the chief judge thereof, is unconstitutional. Sevinskey v. Wagus, 76 Md. 335.