772 HABEAS CORPUS. [ART. 42.

is detained without legal warrant or authority, he shall imme-
diately be released or discharged; 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 bail-
able ; 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.

Parrish v. State, 14 Md. 238.

P G. L., (1860,) art 43, sec 12 1813, ch. 175.

12. Any person at whose instance or in whose behalf a writ,
of habeas corpus has been issued, may controvert by himself or
his counsel the truth of the return thereto, or may plead any
matter by which it may appear that there is not a sufficient legal
cause for his detention or confinement; and the court or judge,
on the application of the party complaining, or the officer or
other person making the return, shall issue process for witnesses.
or writings, returnable at a time and place to be named in suck
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 court or judge shall be satisfied
by affidavit or otherwise, of the materiality of such testimony.

Ibid. sec. 13. 1809, ch. 125, sec. 2. 1880, ch. 6, sec 13.

13. If the court granting the said writ of habeas corpus shall
not be in session at the return thereof, or if the judge granting;
the said writ of habeas corpus shall be absent at the return
thereof, the said writ shall be returned before any court or judge,
which or who would originaily have had power or jurisdiction to
issue such writ under the provisions of sections 1 and 3, if
application in the particular case had been originaily made to
such Court or judge.

Ibid. sec. 14. 1886, ch. 255.

14i No person who shall have been delivered upon a habeas
corpus shall afterwards be imprisoned or committed for the same
offence, otherwise than by the order or process of the court
wherein he or she shall be bound by recognizance to appear, or
some other court having jurisdiction of the cause, or upon,
surrender by his or her bail.