668

HABEAS CORPUS. [ART. 67.

Id s 8
1819, c 137, s 2
Penalty for ne-
glect to execute

8. 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 immediately 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 per-

son, 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 for-

feiture shall go to the State, and the other half to the person who

may prosecute for the same.

Id s 9
1809, c 125, s 3

9. If any officer or other person to whom a writ of habeas corpus

Penalty for ne-
glecting to re-
turn or obey

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.

Id B 10
1809, c 125, s 3
Person detained
to have copy of
committment

10, 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 de-

Penalty for re-

manded, shall forfeit to the person detained five hundred dollars.

fusing copy

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.

Id s 11
1809, c 125, s 2

11. On the return of a writ of habeas corpus, and producing the

Legality of de-

person detained, and the cause of his detention, before the court or

tainer to be
examined into

judge who granted the writ, the court or judge shall immediately

on return

inquire into the legality and propriety of such confinement or de-

tention, and if it shall appear that such person is detained without

If illegal, party
to be dis-
charged

legal warrant or authority, he shall immediately be released or dis-
charged; or if the court or judge shall deem his detention to be

lawful and proper, he shall be remanded to the same custody, or

admitted to bail, if his offence be bailable, and if bailed, the court

or judge shall take a recognizance to answer in the proper court, and

shall transmit the same to such court

Id s 12
1813. c 175
Party may con-

12, Any person at whose instance or in whose behalf a writ of
habeas corpus has been issued, may controvert by himself or his

trovert truth of
return or may

counsel the truth of the return thereto, or may plead any matter by

plead
13 Md. 625

which it may appear that there is not a sufficient legal cause for his

detention or confinement, and the court or judge, on the applica-

tion of the party complaining, or the officer or other person making

Witnesses to be

the return, shall issue process for witnesses or writings, returnable

sworn and ex-
amined

at a time and place to be named in such process, which shall be

served and enforced in like manner as similar process from courts

of law is served and enforced, but, before issuing such process, the