ART. 67. ] HABEAS CORPUS — MANDAMUS.
court or judge shall be satisfied, by affidavit or otherwise, of the

660

materiality of such testimony.
13. If the court or judge granting the habeas corpus shall not
be in session, or absent at the return thereof, the said writ shall be
returned before any other court or judge.

Id s 13
1809, c 125, s 2
To whom re-
turnable, when
court not in
session.

14. No person, who shall be released upon habeas corpus, shall
afterwards be imprisoned or committed for the same offence, unless
he be surrendered by his bail, or convicted of the offence for which
he gave bail.

Id s 14
1809, c 125, s 4
When person
released may be
imprisoned

15. If any judge, whether in court or out of court, shall refuse
any writ of habeas corpus by this article required to be granted, he
shall be liable to the action of the party grieved.

Id. s 15
1809, c 12, 5, s 6
Judge refusing,
liable to action

16. No citizen of this State, committed to the custody of an
officer for any criminal matter, shall be removed from thence into
the custody of another officer, unless it be by habeas corpus or by
other legal writ, except where the prisoner shall be delivered to a
constable or other inferior officer, to be carried to some common jail,
or shall be removed from one place to another within the said county
or an adjoining county, in order to his discharge or trial in due
course of law; or in case of sudden fire or infection, or other neces-
sity; or where the prisoner shall be charged by affidavit, or other
lawful evidence, with treason, felony, or other crime, alleged to be
done in any other of the United States of America or the Territories
thereof; in which last case he shall, on the demand of the executive
authority of the State, District, or Territory from which he fled, be
immediately delivered up.

II. — MANDAMUS.

Id s 16
1809, c 125, s 5
When prisoner
may be removed
from custody o
one officer to
another
42 Md 45.

1 To whom applications to bo made
2 Rule to show cause, service.
3 Answer of defendant
4 On second application, what not allowed
by way of defence
5 Petitioner to plead to or traverse, and de-
fendant to take issue or demur, further
pleadings.

6 Trial of issue
7 Damages for petitioner
8 Where judgment for defendant,
9 Proceedings, if defendant fail to answer
10 Dismissal of petition
11 Alternative mandamus not lawful

1. All applications for granting writs of mandamus shall be made
to the Circuit Courts of the several counties, and the Superior Court
of Baltimore City, or to the judges of said courts respectively, dur-
ing the recess of the court, and shall be commenced by petition,
verified by the affidavit of the applicant, and setting forth fully the
ground of his application.
2. Upon the filing of such petition, the judge to whom the same
is addressed shall lay a rule requiring the defendant therein named
to show cause, within such time as the judge may deem proper,

Art 59, s 1.
1806, c 90, s 9,
1858, c 28
To whom appli-
cations to be
made
22 Md 167, 23
Md 45, 296, 482,
24 Md 202, 27
Md 1, 320, 29
Md 85, 32 Md
32, 39 Md 380,
42 Md 480, 46
Md 600, 621, 47
Md 145

Id s 2
1858, c 285, s 2.
Rule to show
cause.