Const. art. 4, 8. 29. 1876, c. 373. What courts and judges have jurisdiction, and the extent thereof. ARTICLE LXVII. PROCEEDINGS AND REMEDIES IN SPECIAL CASES. I. HABEAS CORPUS. II. MANDAMUS. III. CERTIORARI. IV. ATTACHMENTS. V. PROCEEDINGS AGAINST CORPORATIONS. VI. LIEN OF MECHANICS AND OTHERS. VIII. ESTRAYS AND TRESPASSING CATTLE, DOMESTIC ANIMALS. IX. VESSELS ADRIFT AND DRIFT LOGS. X. ARBITRATION AND AWARD. XI. INSOLVENTS. XII. RECOVERY OF FINES AND PENALTIES. DOGS, AND OTHER XIII. LIABILITY OF COUNTIES, INCORPORATED TOWNS AND CITIES FOR DAMAGES FROM RIOTS. XIV. LIABILITY OF RAILROAD COMPANIES FOR DAMAGES TO CAT- XV. LIABILITY OF INDIVIDUALS AND CORPORATIONS FOR WRONG- XVI. LIABILITY OF MARRIED WOMEN AND MINORS ON CONTRACTS XVII. LIABILITY OF ORDINARY KEEPERS. XVIII. RELIEF TO SHERIFFS AND COLLECTORS. XIX. RELIEF TO SURETIES OF SHERIFFS, DEPUTY SHERIFFS AND COLLECTORS. XX. CHANGE OF NAME. XXI. SALE OF UNCLAIMED BAGGAGE AND FREIGHT BY COMMON XXII. SLANDER OF A FEME SOLE. I. HABEAS CORPUS. 1. What courts and judges to have jurisdic- 2. When writ to be granted. 3. How obtainable and when issued and re- 4. Service of writ; return. 5. Officer's allowance for distance. 6. When removal of party detained, appre- 7. Sheriff to execute writ immediately. 9. Penalty for neglecting to return or obey. 11. Legality of detainer to be examined into on return; if illegal, party to be discharged. 12. Party may controvert truth of return or may plead; witness to be sworn and examined. 13. To whom returnable, when court not in session. 14. When person released, may be impris oned. 15. Judge refusing, liable to action. 16. When prisoner may be removed from eustody of one officer to another. 1. The several Circuit Courts of this State, the Superior Court of Baltimore City, the Court of Common Pleas in the city of Baltimore, the Circuit Court of Baltimore City, and the Baltimore City 625; 23 Md. 271; 31 Md. 329; 38 Md. 186, 203. Court, and the several and respective judges thereof out of court, 8 Md. 227; 13 Md. and each of the judges of the Court of Appeals, shall have jurisdic- 25 Ma. 500, 509 tion over the whole State in all matters relative to habeas corpus. 2. The writ of habeas corpus may and shall be granted by any of said courts, or by any of the judges mentioned in the preceding section, whether in term or vacation, upon application being made as herein directed. Art. 43, s. 2. 1798, c. 106; 1853, c. 238, s. 2. be granted. When writ to Writ, how ob when issued and 13 Md. 625 ; 3. If any person be committed, detained, confined, or restrained 1876, c. 373. for any crime, or under any color or pretence whatsoever, he may tained and complain to any of the courts or judges mentioned in the first sec- returnable. tion of this article (or any one in his behalf may so complain), and 14 Md. 238; the said court or judge shall forthwith grant a habeas corpus, di- 38 Md. 186. rected to the officer or other person in whose custody the party detained shall be, returnable immediately before the said court or judge granting the same. Service of writ. 4G. 301; 7 Pet. 568. 4. The writ of habeas corpus shall be served by delivering it to 1876 c. 373. the officer or other person to whom it is directed, or by leaving it at the prison or place in which the party suing it out is detained, and such officer or other person shall forthwith or within such reasonable time (not exceeding three days after such service), as the court or judge shall direct, make return of the writ, and cause the Return. person detained to be brought before the court or judge, according to the command of the writ, and shall likewise certify the true causes of his detainer or imprisonment, if any, or under what color or pretence such person is confined or restrained of his liberty. Art. 43, s. 5. 1809, c. 125, s. 1. officer's allow 5. But if the person detained is to be brought more than twenty miles, the officer or other person shall be allowed so many days more to bring him in as will be equal to one day for every twenty tance. miles of such further distance. ance for dis 1819, c. 137, s. 1. of party dehended, what 6. On any application for a habeas corpus, if it shall be made Id. s. 6. appear, to the satisfaction of the court or judge, that there is prob- When removal able cause for believing that the person who may be charged with tained appreconfining or detaining the person making the application, or on writ to contain. whose behalf the same is made, is about to remove the person so detained from the place where he may then be confined or detained, for the purpose of evading any writ of habeas corpus, or for other purpose, or that the person charged as aforesaid would evade or not obey any such writ, then the court or judge shall insert in the writ of habeas corpus a clause commanding the sheriff of the county in which the person charged as aforesaid may be, to serve the writ on the person to whom the same may be directed, and to cause the said person immediately to be and appear before the said court or judge, together with the person so confined or detained. 1819, c. 137, s. 1. cute such writ 7. It shall be the duty of the sheriff to whom the writ mentioned 1a. s. 7. in the preceding section may be delivered, immediately to execute Sheriff to exethe same, and to carry the person charged with the detention, immediately. together with the person detained, before the court or judge, who shall proceed to inquire into the subject-matter. Id. s. 8. 1819, c. 137, s. 2. 8. If the sheriff to whom any such writ of habeas corpus as is Penalty for ne- referred to in the preceding section may be delivered, shall neglect glect to execute. or refuse immediately to execute the same, and when executed to make return thereof to the court or judge 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 on 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. Id. s. 9. 1809, c. 125, s. 3. 9. If any officer or other person to whom a writ of habeas corpus Penalty for ne- may be directed, shall neglect or refuse to make return thereof, or glecting to reto bring the body of the person detained according to the command of said writ, within the time hereinbefore limited, he shall forfeit to the person detained five hundred dollars. turn or obey. Id. s. 10. 1809, c. 125, s. 3. to have copy of committment. 10. Any person committed or detained, or any person in his Person detained behalf, may demand a true copy of the warrant of commitment or detainer; and any officer or other person who shall neglect or refuse to deliver a true copy of the warrant of commitment or detainer, if any there be, within six hours after the same shall have been de Penalty for remanded, shall forfeit to the person detained five hundred dollars. The right of action to recover which, or to recover the forfeiture in the next preceding section, shall not cease by the death of either or both of the parties. fusing copy. Id. s. 11. Legality of deexamined into tainer to be 11. On the return of a writ of habeas corpus, and producing the person detained, and the cause of his detention, before the court or judge who granted the writ, the court or judge shall immediately inquire into the legality and propriety of such confinement or detention, and if it shall appear that such person is detained without If illegal, party legal warrant or authority, he shall immediately be released or dis on return. to be dis charged. Id. s. 12. 1813. c. 175. trovert truth of return or may plead. 13 Md. 625. charged; or if the court or judge shall deem his detention to be lawful and proper, he shall be remanded to the same custody, or admitted to bail, if his offence be bailable; and if bailed, the court or judge shall take a recognizance to answer in the proper court, and shall transmit the same to such court. 12. Any person at whose instance or in whose behalf a writ of Party may con- habeas corpus has been issued, may controvert by himself or his counsel the truth of the return thereto, or may plead any matter by which it may appear that there is not a sufficient legal cause for his detention or confinement; and the court or judge, on the application of the party complaining, or the officer or other person making Witnesses to be the return, shall issue process for witnesses or writings, returnable at a time and place to be named in such process, which shall be served and enforced in like manner as similar process from courts of law is served and enforced; but, before issuing such process, the sworn and ex amined. court or judge shall be satisfied, by affidavit or otherwise, of the materiality of such testimony. 13. If the court or judge granting the habeas corpus shall not be in session, or absent at the return thereof, the said writ shall be returned before any other court or judge. 14. No person, who shall be released upon habeas corpus, shall afterwards be imprisoned or committed for the same offence, unless he be surrendered by his bail, or convicted of the offence for which he gave bail. 15. If any judge, whether in court or out of court, shall refuse Id. s. 15. any writ of habeas corpus by this article required to be granted, he Judge refusing, shall be liable to the action of the party grieved. 1809, c. 125, s. 6. liable to action. Id. s. 16. When prisoner from custody of one officer to another. 16. No citizen of this State, committed to the custody of an officer for any criminal matter, shall be removed from thence into the custody of another officer, unless it be by habeas corpus or by other legal writ, except where the prisoner shall be delivered to a constable or other inferior officer, to be carried to some common jail, 42 Md. 45. or shall be removed from one place to another within the said county or an adjoining county, in order to his discharge or trial in due course of law; or in case of sudden fire or infection, or other necessity; or where the prisoner shall be charged by affidavit, or other lawful evidence, with treason, felony, or other crime, alleged to be done in any other of the United States of America or the Territories thereof; in which last case he shall, on the demand of the executive authority of the State, District, or Territory from which he fled, be immediately delivered up. II.-MANDAMUS. 1. To whom applications to be made. 2. Rule to show cause; service. 3. Answer of defendant. 4. On second application, what not allowed by way of defence. 5. Petitioner to plead to or traverse, and defendant to take issue or demur; further pleadings. 6. Trial of issue. 7. Damages for petitioner. 8. Where judgment for defendant. 9. Proceedings, if defendant fail to answer. 10. Dismissal of petition. 11. Alternative mandamus not lawful. Art. 59, s. 1. 1806, c. 90, s. 9; 1858, c. 28. To whom appli cations to be made. 22 Md. 167; 23 Md. 1, 320; 29 1. All applications for granting writs of mandamus shall be made to the Circuit Courts of the several counties, and the Superior Court of Baltimore City, or to the judges of said courts respectively, dur-24 ing the recess of the court, and shall be commenced by petition, 32: 39 Md. 386; verified by the affidavit of the applicant, and setting forth fully the ground of his application. 42 Md. 480; 46 Md. 500, 621; 47 1858, c. 285, s. 2. 2. Upon the filing of such petition, the judge to whom the same Id. s. 2. is addressed shall lay a rule requiring the defendant therein named Rule to show to show cause, within such time as the judge may deem proper, cause. Service. Id. s. 3. 1858, c. 285, s. 3. Answer of de fendant. 42 Md. 203. Id. s. 4. 1858, c. 285, s. 3. On second application, what not allowed by way of defence. Id. s. 5. 1828, c. 78; Petitioner to plead to or why a writ of mandamus should not issue as prayed, a copy of which rule shall be served upon such defendant by a day to be therein limited. 3. The defendant, by the day named in such order, shall file an answer to such petition, fully setting forth all the defences upon which he intends to rely in resisting such application, which shall be verified by his affidavit. 4. No defendant shall be allowed, on a second application for a mandamus, to rely upon any matter by way of defence thereto which he might have relied on in his answer to a previous application for a mandamus by the same petitioner. 5. The petitioner may plead to or traverse all and any of the 1858, c. 285, s. 4. material averments set forth in said answer, and the defendant shall take issue or demur to said plea or traverse within five days thereafter, and such further proceedings shall thereupon be had in the premises, for the determination thereof, as if the petitioner had brought an action on the case for a false return. traverse, and defendant to take issue or demur. Further proceedings. Id. s. 6. Trial of issue. 6. If issue shall be joined on such proceedings, the same shall 1858, c. 285, s. 4. stand for trial on the second day of the next succeeding term of such court (in case such issue shall be joined in the recess of such court), and if such issue shall be joined during the session, then the same shall stand for trial during such term, unless sufficient cause shall be shown to the court by the party defendant for the continuance thereof, in which case such issue shall be heard on the second day of the next succeeding term of such court, unless the parties shall agree upon an earlier day. Id. s. 7. 1858, c. 285, s. 4. Damages for petitioner. 27 Md. 4. Id. s. 8. 1858, c. 285, s. 4. Where judgment for defendant. Id. s. 9. 1858, c. 285, s. 5. defendant fail to answer. 42 Md. 203. 7. Such issue shall be tried by a jury, if either party desire it, but they may be heard or determined by the court, if both parties agree, and in case a verdict shall be found for the petitioner, or if the court upon hearing determine in favor of the petitioner, or judgment be given for him upon demurrer, or for want of a plea, such petitioner shall thereupon recover his damages and costs as he might have done in an action on the case for a false return, to be levied by execution or attachment, and a peremptory writ of mandamus shall be granted thereupon without delay against the defendant. 8. If judgment shall be given for the defendant, he shall recover his costs of suit, to be levied in manner aforesaid. 9. If the defendant shall neglect to file his answer to the petition Proceedings, if by the day named in the order of the judge, after being served with notice thereof, the said judge shall thereupon proceed to hear the said motion ex parte, within five days thereafter, and if he shall be of the opinion that the facts and law of the case authorize the granting of a mandamus as prayed, he shall thereupon, without delay, order a peremptory mandamus to issue, and shall also adjudge to the petitioner his costs of suit. Id. s. 10. 1858, c. 285, s. 5. 10. If the judge shall, upon such ex parte hearing, be of opinion that the facts and law of the case do not authorize the granting of a mandamus, he shall dismiss such petition with costs. |