12

LAWS OF MARYLAND.

judge which, or who, would originally have had

power or jurisdiction to issue such writ, under the

provisions of the first and third sections of this arti-

cle, if application in the particular case had been

originally made to such Court or judge.

SEC. 3. And be it enacted, That said article forty-

Additional

three of the Code of Public General Laws of this-

section added

State, title " Habeas Corpus," be amended by add-

ing the following additional section thereto :

SECTION. Whenever any Court in this State hav-

.

ing 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 re-

lease 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 Gen-

eral Laws or Public Local Laws of this State, upon

the ground, or for the reason, that such act of As-

sembly, or section thereof, or such article or section

Unconstitu-

of the Code of Public General Laws or Public Local

tional and

Laws, is unconstitutional and void, in whole or in

void.

part, because contrary to the Constitution or Bill of

Rights of this State, or because contrary to the Con-

stitution 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 transmit the original papers in

said case, together with a copy of its cr his order of
release or discharge, and of his said opinion, under

his hand and seal, to the clerk of the Court of Ap-

Consider pa-

peals ; and it shall be the duty of the said Court to

pers trans-

consider the papers so transmitted to its said clerk,

mitted.

including said order of release, or discharge, and

said opinion, at the earliest practicable period after

the receipt thereof by its said clerk, and to give its

opinion in writing upon the case so presented; and

the said opinion so given shall have and possess the

same authority as if the same was filed in a case for-

mally heard and determined in said Court on ap-

peal.