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Session Laws, 1962
Volume 651, Page 132   View pdf image (33K)
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132 LAWS OF MARYLAND [CH. 36

confined as a result of sentence for a criminal offense, or judgment
in a juvenile proceeding or as a defective delinquent,
has previously
been granted a hearing on a prior application for release from
confinement under the same commitment, it shall be discretionary
with the judge whether or not to issue the writ. In exercising
his discretion the judge may consider whether new grounds of a
substantial nature appear to exist for the granting of the writ or
whether the grounds for the issuance of any former writ were
fully and adequately presented.

11.

If the sheriff to whom is delivered any [such] writ of habeas
corpus in which the court or judge shall have inserted a clause com-
manding the person charged with confining or restraining the
person by or on whose behalf the application for the writ was
made, immediately to be and appear before the court or judge
designated in the writ, together with the person so confined or
restrained,
[as is referred to in Section 10 may be delivered] shall
neglect or refuse immediately to execute the same and when
executed to make return thereof to the court or judge designated
in the said writ
[granting the same] and take with him the person
charged with the detention (or one of the persons detaining, if there
be more than one), together with the person detained, he shall,
upon conviction thereof, forfeit the sum of five hundred dollars to
be paid to the person in whose behalf such writ of habeas corpus
shall have issued; and if the said person or some one in his behalf
shall not prosecute for the same within six months after such
neglect or refusal, then one-half of said forfeiture shall go to the
State, and the other half to the person who may prosecute for
the same.

12.

If any officer or other person to whom a writ of habeas corpus
may be directed shall neglect or refuse to make return thereof,
or to bring the body of the person detained, according to the com-
mand of said writ [, within the time hereinbefore limited, ] he shall
forfeit to the person detained five hundred dollars.

SEC. 28. And be it further enacted, That Section 145 of Article
43 of the Code, title "Health", sub-title "Practitioners of Medicine";
sub-section (b) of Section 153 of Article 43 of the Code, title
"Health", sub-title "State Board of Veterinary Examiners"; sub-
section (e) of Section 193 of Article 43 of the Code, title "Health",
sub-title "Adulteration of Food and Drink", sub-heading "Food and
Drug Law"; Section 207 of Article 43 of the Code, title, "Health",
sub-title "Food Products"; Section 222 of Article 43 of the Code,
title "Health", sub-title "Crab Meat"; sub-section (d) of Section
268 and Section 269 of Article 43 of the Code, title "Health", sub-
title "Commissioners of Pharmacy"; Section 277 of Article 43 of
the Code, title "Health", sub-title "Poison Law"; Section 353 of
Article 43 of the Code, title "Health", sub-title "Funeral Directors
and Embalmers"; sub-section (g) of Section 480 of Article 43 of
the Code, title "Health", sub-title "Osteopathy"; sub-section (h)
of Section 490 of Article 43 of the Code, title "Health", sub-title


 

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Session Laws, 1962
Volume 651, Page 132   View pdf image (33K)
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