clear space clear space clear space white space
A
 r c h i v e s   o f   M a r y l a n d   O n l i n e

PLEASE NOTE: The searchable text below was computer generated and may contain typographical errors. Numerical typos are particularly troubling. Click “View pdf” to see the original document.

  Maryland State Archives | Index | Help | Search
search for:
clear space
white space
The Maryland Code Public General Laws, 1904
Volume 393, Page 1186   View pdf image (33K)
 Jump to  
  << PREVIOUS  NEXT >>
clear space clear space clear space white space

1186 HABEAS CORPUS. [ART. 42

1888, art. 42, sec 2. 1860, art 43, sec. 2. 1798, ch 106. 1863, 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
preceding section, whether in term or vacation, upon applica-
tion being made as herein directed.

Ibid. sec. 3. 1860, art. 43, sec. 3. 1876, ch. 373. 1880, ch 6, see. 3.

3. Any person committed, detained, confined or restrained
from his lawful liberty within this State for any alleged offense
or under any color or pretense 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 cm-pus, 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. Ex parte O'Neill,
8 Md 229. Ex parte Maulsby, 13 Md. 625 Parrish v. State, 14 Md 238,
Exparte Coston, 23 Md. 271. Coston v. Coston, 25 Md 506 Boyle v.
State, 25 Md. 509 Deckard v. State, 38 Md. 203.

Ibid sec. 4. 1860, art. 43, 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 detained; and such officer or other person shall forthwith or
within such reasonable time (not exceeding three days after
such service), as the court or judge shall direct, make return of
the writ, and cause the person detained to be brought before
the court or judge, according to the command of the writ; and
shall likewise certify the true causes of his detainer or impris-
onment, if any, or under what color or pretense such person is
confined or restrained of his liberty.

Ibid sec. 5. 1860, art 43, sec. 5. 1809, ch. 125, sec. 1.

5. But if the person detained is to be brought more than
twenty miles, the officer or other person shall be allowed so
many days more to bring him in, as will be equal to one day
for every twenty miles of such further distance.

Ibid. sec. 6. 1860, art. 43, sec. 6. 1819, ch. 137, sec. 1.

6. On any application for a habeas corpus, if it shall be
made to appear to the satisfaction of the court or judge that


 

clear space
clear space
white space

Please view image to verify text. To report an error, please contact us.
The Maryland Code Public General Laws, 1904
Volume 393, Page 1186   View pdf image (33K)
 Jump to  
  << PREVIOUS  NEXT >>


This web site is presented for reference purposes under the doctrine of fair use. When this material is used, in whole or in part, proper citation and credit must be attributed to the Maryland State Archives. PLEASE NOTE: The site may contain material from other sources which may be under copyright. Rights assessment, and full originating source citation, is the responsibility of the user.


Tell Us What You Think About the Maryland State Archives Website!



An Archives of Maryland electronic publication.
For information contact mdlegal@mdarchives.state.md.us.

©Copyright  October 06, 2023
Maryland State Archives