ART. 42] HEARING——PROCEDURE. 1189

the said writ of habeas carpus shall be absent at the return
thereof the said writ shall be returned before any court or
judge which or who would originally have had power or juris-
diction to issue such writ under the provisions of sections 1
and 3 if application in the particular case had been originally
made to such court or judge.

1888, art. 42, sec. 14. 1860, art. 43, sec. 14. 1886, ch. 255.
14. No person who shall have been delivered upon a habeas
carpus shall afterwards be imprisoned or committed for the
same offense 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.

Ibid. sec. 15. 1860, art. 43, sec. 15. 1809, Ch, 125, sec. 6.
16. 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. 1860, art. 43, 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.

Ibid. sec. 17. 1880, ch. 6, sec. 17.

17. Whenever any court in this State having jurisdiction in
the premises, other than the court of appeals, 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