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The Maryland Code, Public General Laws, 1888
Volume 389, Page 769   View pdf image
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ART. 42.] ISSUE AND SERVICE OP WRIT. 769

this State, and the several judges thereof, out of court, the superior
court of Baltimore city, the court of common pleas of said city,
the circuit court of Baltimore city, and the Baltimore city court,
and the judges of said several courts, ont of court, and the judge of
the court of appeals from the city of Baltimore, shall have the
power to grant the writ of habeas corpus, and to exercise jurisdic-
tion in all matters pertaining thereto.

State v. Mace, 5 Md, 337. State v. Glenn, 54 Md. 572.

P. G. L., (1860,) art 43, sec 2. 1798, ch. 106. 1853 ch. 238, sec. 2.

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 pre-
ceding section, whether in term or vacation, upon application,
being made as herein directed.

Ibid. sec. 8. 1876, ch. 373. 1880, ch. 6, sec. 3.

3. Any person committed, detained, confined or restrained
from his lawful liberty within this State for any alleged offence,
or under any color or pretence whatsoever, or any person in his
or her behalf, may complain to the court or judge having
jurisdiction and power to grant the writ of habeas corpus, to the
end that the cause of such commitment, detainer, confinement or
restraint may be inquired into; and the said respective courts or
judges to whom such complaint is so made shall forthwith grant
the writ of habeas corpus, directed to the officer or other person
in whose custody or keeping the party so detained shall be,
returnable immediately before the said court or judge granting
the same.

Bell v. State, 4 Gill, 301. Ex parte Walsh, 5 Md. 609 Exparte O'Neill, 8
Md. 229. Ex parte Maulsby, 13 Md 625. Parrish v. State, 14 Md. 238. Ex
parte Costen, 23 Md. 271. Costen v. Costen, 25 Md. 506. Boyle v. State, 25
Md. 509. Deckard v. State, 38 Md. 203.

Ibid. sec. 4. 1876, ch. 373, sec. 4.

4. The writ of habeas corpus shall be served by delivering 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 de-
tained ; and such officer or other person shall forthwith or within
49

 

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The Maryland Code, Public General Laws, 1888
Volume 389, Page 769   View pdf image
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