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768 HABEAS CORPUS. [ART. 42.
or lunatic convict confined in the penitentiary, and provide for
the support, care and safe keeping of such convict in the Mary-
land hospital, or any State institution for the insane; and the
expense thus incurred shall be defrayed by the board of directors
of the penitentiary, out of the funds arising from or appropriated
for that institution.
ARTICLE XLII.
HABEAS CORPUS.
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Jurisdiction and Procedure.
1. What courts and judges may issue.
2. In term or vacation.
3. Any person detained in custody
may apply for.
4. Service and return.
5. One day for every twenty miles.
6. In what cases immediate return
may be ordered
7. Duty of sheriff in such cases
8. Penalty for failure to obey writ in
such cases
9. Penalty for failure to obey writ in
ordinary cases.
10. Person detained entitled to true
copy of commitment, penalty
for refusal to furnish copy.
11. Hearing and order of court.
12. Return may be traversed, wit-
nesses may be summoned.
13. When court not in session or judge
absent, on return of writ, any
other judge may hear the case.
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14. Person delivered not to be after-
wards imprisoned for same of-
fence; qualifications.
15. Penalty for refusing to grant writ.
16. Person committed to custody of
officer not to be removed into
custody of other officer, quali-
fications.
17. Judge discharging person on the
ground that law under which
he was arrested is unconstitu-
tional, shall file opinion and
transmit the papers to court of
appeals for immediate review.
Procedure in Relation to Minors.
18. Commitment of minors to char-
itable or reformatory institu-
tions.
19. Habeas corpus to review facts in
such cases.
20. Minors brought upon habeas corpus
from private custody; what
orders court may pass.
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Jurisdiction and Procedure.
Const., art. 4, sec. 29. 1876, ch. 373. 1880, ch. 6.
1. The court of appeals and the chief judge thereof shall
have the power to grant the writ of habeas corpus, and to exer-
cise jurisdiction in all matters relating thereto throughout the
whole State. The circuit courts for the respective counties of
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