1188 HABEAS CORPUS. [ART. 42

1888, art 42, sec. 10. 1860, art. 43, 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 commit-
ment or detainer; and any officer or other person who shall
neglect or refuse to deliver a true copy of the warrant of com-
mitment 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. 1860, art. 43, 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 detention before the court
or judge who granted the writ, the court or judge shall imme-
diately inquire into the legality and propriety of such confine-
ment or detention, and if it shall appear that such person 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 offense 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,

Ibid. sec. 12. 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 such 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 materi-
ality of such testimony.

Ibid. sec. 13. 1860, art. 43, 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