ART. 42.] REFUSAL TO GRANT WRIT—CUSTODY. 773

F. G. L., (1860,) art. 43, sec. 15. 1809, ch. 125, sec. 6.

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.

Ibid. sec. 16. 1809, ch. 125, sec 5.

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 necessity; 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 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.

1880, ch. 6, sec. 17.

17. Whenever any court in this State having jurisdiction in
the premises, other than the court of appears, or when any judge
of any court in this State having jurisdiction in the premises,
shall release or discharge any person brought before such court or
judge, under the writ of habeas corpus, charged with the
violation of the provisions of any act of assembly of this State, or

section thereof, or of any article or section of the code of public
general laws or public local laws of this State, upon the ground,
or for the reason, that such act of assembly, or section thereof, or
such article or section of the code of public general laws or
publlc local laws, is unconstitutional and void, in whole or in
part, because contrary to the constitution or bill of rights of this
State, or because contrary to the constitution of the United States,
it shall be the duty of the said court or judge ordering such
release or discharge for said cause to reduce his opinion to writing
within five days after ordering said release or discharge, and to