The Democratic advocate. [volume] (Westminster, Md.) 1865-1972, 1880-05-01
lCHArrER 81
HABE4S CORPUS.
Az ACT

AN ACT
To amend and re-enaet the first and third sec
lions Of article forty-three Of the Code Of Pub.
lie General Laws of this State, title ''Habeai
Corpus" as the same were enacted by the aeI
Of January session, eighteen hundred and
seventy-si1, and to amend, and re-enaet as
amended, the thirteenth section Of the same
article, and to add an additional section to
said article fsrty-thrse, providing for taking
the opinion of the court Of Appeals in certain
cases.
Section /. Be It enacted by the General As
semblY Of Maryland, That the firs,and third Sec
tons OF article forty-ihree OF the Code of Punlc
General Laws Of this State, title "Habeas Cor
pus, as the same were enacted by the act Of
eighteen hundred and seventy-six, chapter three
hundred and seventy three, be amended, and
re-enacted as amended, so that the same shall
read as follows;
|. The Court Of Appeals and the Chief JUS
tiee Of this State shall have the power TO grant
the writ Of ''Habeas Corpus and to exercise
Jurisdiction in all matters relating thereto
throughout the whole State. The respective
Circuit Courts for the respective counties Of this
State, and the respective judges thereof, out OF
Court, the Superior Court Of Baltimore city,
the Court Of Common Pleas in said city, the Cir
cult Court OF Baltimore city, and Baltimore
City Court, and the Judges Of said respective
Courts, out Of Court, and the Judge OF the Court
Of Appeals from the City Of Baltimore, shall
have the power to grant the writ OF 'Habeas
Corpus, and to exercise Jurisdiction in all mat
ters pertaining thereto when the person whose
confinement, detention, restraint or eommittal
is complained of, or is In question, is confined,
detained restrained from his lawful liberty, or
committed, within the limits OF their respective
Judicial circuits.
3. Any person committed, detained, confined,
or restrained from his lawful liberty within this
State for any alleged offence, or under any color
or prelense whatsoever, or any person in his or
her behalf, may complain to the Court or Judge
having jurisdiction and power TO grant the writ
Of ''Habeas Corpus in the judicial circuit,
within the territorial limits Of which such per-
son has been so committed, or is so detained,
confined or restrained, to the end that the cause
OF such commitment, detAiner confinement or
restraint may be inquired into, and the said re-
speetiTe Courts or judges to whom such COM
plant Is 80 made snail forthwith grant the writ
OF ''Habeas Corpus" directed to the officer. OF
other person. IN whose custody, or keeping, the
party so detained shall be returnable immediate
y be ore the said Court or judge grating the
same.
Sec. .. And be it enacted, That the thir-
tenth section Of said article forty -three of the
Code OF Public General Laws Of this State. title
"Habeas Corpus, " be amended and re-enacted,
so that the SAME shall read as follows;
10. II the Court granting the said writ Of
''Habeas Corpus shall not be in session at the
return thereof, or II the Judge granting the said
writ OF 'Habeas Corpus" shall be absent at the
return thereof, the said writ shall be returned
before any Court or judge which, or who, would
originally have had power or jurisdiction 10 is.
sue such writ, under the provisions of the irsi
and third sections Of this article II application
in the pertieular case had been originally made
to such Court or judge.
Sec. 3. And be II enacted, That said article
forty-three OF the Code Of Public General Laws
OF this State, title 'fIabeas Corpus y he amended
By adding the following additional section
thereto.
Section. = Whenever any Court in this State
having 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 release or discharge any person
brought before such Court or Judge, under the
writ Of "Habeas Corpus" charged with the vio-
lation Of the provisions Of any act Of Assembly
Of this State, or section thereof, or of aay
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 OF