ART. 67. ] HABEAS CORPUS.

667

Court, and the several and respective judges thereof out of court,
and each of the judges of the Court of Appeals, shall have jurisdic-
tion over the whole State in all matters relative to habeas corpus.
2. The writ of habeas corpus may and shall be granted by any
of said courts, or by any of the judges mentioned in the preceding
section, whether in term or vacation, upon application being made
as herein directed.

8 Md 227, 13 Md.
621, 23 Md 271,
25 Md 500, 509,
31 Md 329, 38
Md 186, 203

Art 43, s 2
1798, c 106,
1833, c 248, s 2.
When writ to
be granted

3. If any person be committed, detained, confined, or restrained
for any crime, or under any color or pretence whatsoever, he may
complain to any of the courts or judges mentioned in the first sec-
tion of this article (or any one in his behalf may so complain), and
the said court or judge shall forthwith grant a habeas corpus, di-
rected to the officer or other person in whose custody the party
detained shall be, returnable immediately before the said court or
judge granting the same.

1876, c 373
Writ, how ob-
tained and
when issued and
returnable
13 Md 625,
14 Md 238,
38 Md. 186

4. The writ of habeas corpus shall be served by delivering it to
the officer or other person to whom it is directed, or by leaving it
at the prison or place in which the party suing it out is detained,
and such officer or other person shall forthwith 01 within such rea-
sonable time (not exceeding three days after such service), as the

1876 c 373
Service of writ
4 Gill 301,
7 Pet 568

court or judge shall direct, make return of the writ, and cause the
person detained to be brought before the court or judge, according
to the command of the writ, and shall likewise certify the true
causes of his detainer or imprisonment, if any, or under what color
or pretence such person is confined or restrained of his liberty.

Return.

5. But if the person detained is to be brought more than twenty
miles, the officer or other person shall be allowed so many days
more to bring him in as will be equal to one day for every twenty
miles of such further distance.

Art 43, s 5
1809, c 125, s 1.
Officer's allow-
ance for dis-
tance

6. On any application for a habeas corpus, if it shall be made
appear, to the satisfaction of the Court or judge, that there is prob-
able cause for believing that the person who may be charged with
confining or detaining the person making the application, or on
whose behalf the same is made, is about to remove the person so
detained from the place where he may then he confined or detained,
for the purpose of evading any writ of habeas 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.

Id s 6
1819, c 137, s 1
When removal
of party de-
tained appre-
hended, what
writ to contain.

7. 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.

Id s 7
1819, c 137, s 1.
Sheriff to exe-
cute such writ
immediately.