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The Maryland Code Public General Laws, 1904
Volume 393, Page 1185   View pdf image (33K)
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ART. 42] HABEAS CORPUS. 1185

ARTICLE XLII.

HABEAS CORPUS.

Jurisdiction and Procedure.

1. What courts and judges may
issue.
2. In term or vacation.
3. Any person detained m 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 m 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.

14. Person delivered not to be after-
wards imprisoned for same
offense; 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-
tutional shall flie opinion and
transmit the papers to court of
appeals for immediate review.

Procedure in Relation to Minors.

18 Commitment of minors to juven-
ile institutions
19. What is private custody within
meaning of section 20
20. Minors brought upon habeas cor-
pus from private custody,
what orders court may pass

Jurisdiction and Procedure.

1888, art 42, sec. 1 Const, art. 4, sec. 29. 1876, ch. 373. 1880, ch. 6, sec. 1.
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
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 and circuit court No. 2 of Baltimore
city, and the Baltimore city court, and the judges of said several
courts, out 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 jurisdiction in all matters per-
taining thereto.

State v. Mace, 5 Md. 337. State v. Glenn, 54 Md. 572. Sevinsky v.
Wagus, 76 Md. 336. Cooking v. Wade, 87 Md. 539.


 

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The Maryland Code Public General Laws, 1904
Volume 393, Page 1185   View pdf image (33K)
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