182                              LAWS OF MARYLAND                        [CH. 46

CHAPTER 45
(Senate Bill 15)

AN ACT to repeal Section 6 of Article 42 of the Annotated Code of
Maryland (1957 Edition), title "Habeas Corpus", sub-title "Juris-
diction and Procedure", and to repeal and re-enact, with amend-
ments, Section 7 of said Article and sub-title, said Section 6 pro-
viding that any person may apply to the Court of Appeals of Mary-
land for leave to prosecute an appeal from an order of a Judge
refusing to issue a writ of habeas corpus, or discharging or re-
manding the person seeking such writ, and eliminating reference
thereto in Section 7.

Whereas, The Post Conviction Procedure Act provides a pro-
cedure for challenging the legality of incarceration under judgment
of conviction of a crime and sentence of death or imprisonment
therefore, and

Whereas, That Bill provides that any person may apply to the
Court of Appeals of Maryland for leave to appeal from an Order
passed under that Act; now, therefore

Section 1. Be it enacted by the General Assembly of Maryland,
That Section 6 of Article 42 of the Annotated Code of Maryland
(1957 Edition), title "Habeas Corpus", sub-title "Jurisdiction and
Procedure", be and it is hereby repealed.

Sec 2. And be it further enacted, That Section 7 of Article 42 of
the Annotated Code of Maryland (1957 Edition), title "Habeas
Corpus", sub-title "Jurisdiction and Procedure", be and the same is
hereby repealed and re-enacted, with amendments, to read as follows:

7. The provisions of Section 4 [,] and 5 [and 6] shall not apply
to any case unless the petitioner is detained for or confined as the
result of a prosecution for a criminal offense or has been confined as
a defective delinquent under the provisions of Article 31-B of the
Code, title "Defective Delinquents".

Sec 3. And be it further enacted, That this Act shall take effect
June 1, 1958.

Approved April 4, 1958.

CHAPTER 46
(Senate Bill 17)

AN ACT to repeal and re-enact, with amendments, Section 7 of
Article 89-B of the Annotated Code of Maryland (1957 Edition),

EXPLANATION: Italics indicate new matter added to existing law.

[Brackets] indicate matter stricken from existing law.
CAPITALS indicate amendments to bill.
Strike out indicates matter stricken out of bill.