The aegis & intelligencer. [volume] (Bel Air, Md.) 1864-1923, 1880-04-30
[CHArrER c. |.
YABEAS CORP Us.
AN ACT

AN ACT
To amend and re-enact the first and third sec
tions of article forty-three of the Code of Pub
lie General Laws of this State, title "Habeas
Corpus" as the same were enacted by the act
of January session, eighteen hundred and
seventy-six, and to amend, and re-enact as
amended, the thirteenth section of the same
article, and TO add an additional section to
said article ferty-tbree, 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 frsand third Sec
ions of article forty three Of the Code of Puzzle
| 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
tice 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 "Iiabeas
Corpus" and to exercise jurisdiction in all mat
ers pertaining thereto, when the person whose
confinement, detention, restraint or committal
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.
8. Any person committed, detained, confined,
| or restrained from his lawful liberty within this
State for any alleged offence, or under any color
| or preiense 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, detaner, confinement or
restraint may be inquired into, and the said re-
| spective Courts or judges to whom such COM
plant is 80 made shall forthwith grant the writ
| of ''Habeas Corpus" directed to the officer, or
other person, In whose custody, or keeping, the
party so detained shall be returnabe Immediate
y be ore the said Court or Judge granting the
same.
Sec. 2. 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. If the Court granting the said writ of
"Habeas Corpus shall not be in session at the
return thereof, or if 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 to is
sue such writ under the provisions of the first
and third sections of this article, if application
in the particular case had been originally made
to such Court or judge.
Sec. 3. And be it enacted, That said article
forty three of the Code of Public General Laws
of this State, title "Habeas Corpus, I" 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 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