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The Maryland Code, Public General Laws, 1888
Volume 389, Page 771   View pdf image
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ART. 42.] RETURN OF WRIT—COMMITMENT. 771

P. G L., (1860,) art. 43, sec 8. 1819, ch. 137, sec. 2.

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 deten-
tion, (or one of the persons detaining, if there be more than one,)
together with the person detained, he shall, upon conviction
thereof, forfeit the snm 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 person, 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 forfeiture shall go to the State,
and the other half to the person who may prosecute for the same.

Ibid. sec. 9 1809, ch. 125, sec. 3.

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

Ibid. sec. 10. 1809, ch, 125, sec. 3.

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

Ibid. sec. 11 1809, ch. 125, sec. 2.

11. On the return of a writ of habeas corpus, and producing
the person detained, and the cause of his detention before the
court or judge who granted the writ, the court or judge shall
immediately inquire into the legality and propriety of such
confinement or detention; and if it shall appear that such person

 

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The Maryland Code, Public General Laws, 1888
Volume 389, Page 771   View pdf image
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