WM. PRESTON LANE, JR., GOVERNOR. 1563
SECTION 1. Be it enacted by the General Assembly of Maryland,
That Section 3B of Article 42 of the Annotated Code of
Maryland (1943 Supp.), title "Habeas Corpus", sub-title
"Jurisdiction and Procedure", as said Section was enacted
by Chapter 702 of the Acts of 1945 of the General Assem-
bly of Maryland, be and the same is hereby repealed and
re-enacted with amendments to read as follows:
3B. No application shall be dismissed because technical
requirements of pleading have not been met, provided it
shows that the applicant is unlawfully restrained of his
liberty; but the judge considering the case may, at his
discretion, dismiss the petition or require it to be amended
or otherwise amplified unless the application alleges facts
sufficient, if true, to probably show that the applicant is
illegally detained. The judge may, in his discretion, make
such examination of public records as seems desirable to
determine whether the writ should be granted. The judge
in refusing to issue, or denying, or granting any writ shall
file a substantial but succinct statement, either in writing
or by dictation to the stenographer for the court records,
setting forth the grounds of the application, the questions
involved, and the reasons of the Court for the action taken.
SEC. 2. And be it further enacted, That Section 3C of
Article 42 of the Annotated Code of Maryland (1943
Supp.), title "Habeas Corpus", sub-title "Jurisdiction and
Procedure", as said Section was enacted by Chapter 702
of the Acts of 1945 of the General Assembly of Maryland,
be and it is hereby repealed, and that a new Section be
and it is hereby enacted in lieu thereof, said new Section
to be known as Section 3C, to follow immediately after
Section 3B of said Article, as repealed and re-enacted
herein, and to read as follows:
3C. Any person, including the Attorney General or the
State's Attorney for Baltimore City or a County, as the
case may be, aggrieved by the order of the Judge in refus-
ing to issue a writ of habeas corpus, or in discharging or
remanding the person seeking said writ, may, within ten
days after the passage of said order, apply to the Court
of Appeals of Maryland for leave to prosecute an appeal
therefrom. Said application for leave to prosecute an
appeal shall be in such form as the Court of Appeals may,
by its rules, prescribe, and in the event that the Attorney
General or the State's Attorney shall forthwith state his
intention to file such application for an appeal, the order
discharging the prisoner shall be stayed, but the Judge
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