182                               Laws of Maryland                          Ch. 99

however, that nothing in this subtitle shall operate to bar an appeal
to the Court of Special Appeals (1) in a habeas corpus proceeding
instituted under Section 25 of Article 41 of this Code or (2) in any
other proceeding in which a writ of habeas corpus is sought for any
purpose other than to challenge the legality of a conviction of a
crime or sentence of death or imprisonment therefor, including con-
finement as a result of a proceeding under Article 31B of this
Code.

Sec. 5. And be it further enacted by the General Assembly of
Maryland, That Section 25 of Article 41 of the Annotated Code of
Maryland (1957 Edition, 1965 Replacement Volume), title "Gover-
nor—Executive and Administrative Departments," subtitle "Extra
dition," "THE EXECUTIVE DEPARTMENT," be and it is hereby
repealed and reenacted, with an amendment, to read as follows:

25.

No person arrested upon such warrant shall be delivered over to
the agent whom the executive authority demanding him shall have
appointed to receive him unless he shall be first taken forthwith
before a judge of a court of record in this State, who shall inform
him of the demand made for his surrender and of the crime with
which he is charged, and that he has the right to demand and pro-
cure legal counsel; and if the prisoner or his counsel shall state that
he or they desire to test the legality of his arrest, the judge of such
court of record shall fix a reasonable time to be allowed him within
which to apply for a writ of habeas corpus. When such writ is applied
for, notice thereof, and of the time and place of hearing thereon,
shall be given to the prosecuting officer of the county or the City of
Baltimore in which the arrest is made and in which the accused is
in custody, and to the said agent of the demanding state. If the
application for a writ of habeas corpus after an extradition hearing
only, is denied by the trial court, the denial may be appealed to the
Court of Special Appeals.

Sec. 6. And be it further enacted by the General Assembly of
Maryland, That Section 19 of Article 42 of the Annotated Code of
Maryland (1957 Edition, 1965 Replacement Volume), title "Habeas
Corpus," subtitle "Jurisdiction and Procedure," be and it is hereby
repealed and re-enacted, with amendments, to read as follows:

19.

Whenever any court in this State having jurisdiction in the prem-
ises, other than the Court of Appeals or the Court of Special 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 this State,
or section thereof or of any article or section of the Code of Public
General Laws or public local laws of this State, upon the ground, or
for the reason, that such act of Assembly, or section thereof, or such
article or section of the Code of Public General Laws or public local
laws is unconstitutional and void, in whole or in part, because con-
trary to the Constitution or Bill of Rights of this State, or because
contrary to the Constitution of the United States, it shall be the duty