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The Annotated Code of the Public General Laws of Maryland, 1939
Volume 379, Page 1766   View pdf image (33K)
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1766 ARTICLE 42

corpus, or for other purpose, or that the person charged as aforesaid would
evade or not obey any such writ, then the court or judge shall insert in the
writ of habeas corpus a clause commanding the sheriff of the county in
which the person charged as aforesaid may be, to serve the writ on the
person to whom the same may be directed, and to cause the said person
immediately to be and appear before the said court or judge, together with
the person so confined or detained.

An. Code, 1924, sec. 6. 1912, sec. 7. 1904, sec. 7. 1888, sec. 7. 1819, ch. 137, sec. 1.

6. It shall be the duty of the sheriff to whom the writ mentioned in the
preceding section may be delivered immediately to execute the same and
to carry the person charged with the detention, together with the person
detained, before the court or judge, who shall proceed to inquire into the
subject-matter.

An. Code, 1924, sec. 7. 1912, sec. 8. 1904, sec. 8. 1888, sec. 8. 1819, ch. 137, sec. 2.

7. If the sheriff to whom any such writ of habeas corpus as is referred
to in the preceding section may be delivered shall neglect or refuse imme-
diately to execute the same and when executed to make return thereof
to the court or judge granting the same and take with him the person
charged with the detention (or one of the persons detaining, if there be
more than one), together with the person detained, he shall, upon conviction
thereof, forfeit the sum of five hundred dollars to be paid to the person in
whose behalf such writ of habeas corpus shall have issued; and if the said
person or some one on his behalf shall not prosecute for the same within six
months after such neglect or refusal, then one-half of said forfeiture shall
go to the State, and the other half to the person who may prosecute for the
same.

An. Code, 1924, sec. 8. 1912, sec. 9. 1904, sec. 9. 1888, sec. 9. 1809, ch. 125, sec. 3.

8. If any officer or other person to whom a writ of habeas corpus may
be directed shall neglect or refuse to make return thereof, or to bring the
body of the person detained, according to the command of said writ,
within the time hereinbefore limited, he shall forfeit to the person detained
five hundred dollars.

An. Code, 1924, sec. 9. 1912, 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, 1924, sec. 10. 1912, 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


 

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The Annotated Code of the Public General Laws of Maryland, 1939
Volume 379, Page 1766   View pdf image (33K)
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