is detained without legal warrant or authority, he shall immediately be released or discharged; 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.

Parrish v. State, 14 Md. 238.

P G. L., (1860,) art. 43, sec. 12. 1813, ch. 175.

12. Any person at whose instance or in whose behalf a writ of 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 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 court or judge shall be satisfied by affidavit or otherwise, of the materiality of such testimony.

Ibid. sec. 13. 1809, ch. 125, sec. 2. 1880, ch. 6, sec. 13.

13. 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to issue such writ under the provisions of sections 1 and 3, if application in the particular case had been originally made to such court or judge.

Ibid. sec. 14. 1886, ch. 255.

14. No person who shall have been delivered upon a habeas corpus shall afterwards be imprisoned or committed for the same offence, otherwise than by the order or process of the court wherein he or she shall be bound by recognizance to appear, or some other court having jurisdiction of the cause, or upon surrender by his or her bail.

P. G. L., (1860,) art. 43, sec. 15. 1809, ch. 125, sec. 6.

15. If any judge, whether in court or out of court, shall refuse any writ of habeas corpus by this article required to be granted, he shall be liable to the action of the party grieved.

Ibid. sec. 16. 1809, ch. 125, sec. 5.

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, 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 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.

1880, ch. 6, sec. 17.

17. 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 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 contrary 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 of the said court or judge ordering such release or discharge for said cause to reduce his opinion to writing within five days after ordering said release or discharge, and to

transmit the original papers in said case, together with a copy of its or his order of release or discharge, and of his said opinion, under his hand and seal, to the clerk of the court of appeals; and it shall be the duty of the said court to consider the papers so transmitted to its said clerk, including said order of release or discharge, and said opinion, at the earliest practicable period after the receipt thereof by its said clerk, and to give its opinion in writing upon the case so presented; and the said opinion so given shall have and possess the same authority as if the same was filed in a case formally heard and determined in said court on appeal.

State v. Glenn, 54 Md. 572.

Procedure in Relation to Minors.
1886, ch. 57.

18. Any minor having no parent or guardian, and being destitute of means of support, or suffering through the neglect, bad habits or vicious conduct of its parent, guardian or other custodian, may be arrested and brought before any judge of a court of record or justice of the peace, and committed by said judge or justice of the peace to any charitable, reformatory or other institution for the care and custody of minors, incorporated under the laws of this State, subject to the discipline, regulations and powers of such institutions.

Ibid.

19. Upon the return of any writ of habeas corpus issuing for the production of any child so committed, the court or judge before whom the habeas corpus proceeding is tried, may review the facts upon which the commitment was made, and hear new evidence, and remand, release or commit such minor.

1888, ch. 79.

20. Whenever a minor is brought before a court or judge upon habeas corpus, in private custody, it shall be the duty of such court or judge, in the determination of the case, to be guided by what appears to be for the best interests of such minor in respect to his temporal, his mental and his moral welfare; and,

if it be made to appear, to the satisfaction of such court or judge, that such interests would be best promoted by such course, it shall be the duty of such court or judge to commit such minor to the care and custody of any charitable, reformatory or other institution for the care and custody of minors, incorporated under the laws of this State, subject to the discipline, regulations and powers of such institution; and any court or judge disposing of the custody of a minor upon habeas corpus may retain jurisdiction over such minor, and may make such other and further orders in relation to the care and custody of such minor as circumstances may require.

22. Removal of body of person who

has died from infectious disease.

23. Temporary hospitals.

Nuisances.

35. Investigation of.

36. Proceedings to abate.

24. Patients to be liable for expenses 37. What orders the court may pass.

of.

25. State vaccine agency established; virus to be kept on hand.

26. Appointment of State vaccine agent; tenure; duties; compen

sation.

27. Payment of fee for vaccination. 28. Physicians to vaccinate children presented for vaccination; penalty for refusing.

29. Wilful use of defective virus; penalty.

30. Parents must have their children vaccinated; penalty.

31. Teachers not to receive into school, 44. Who to be declared practitioners

children not vaccinated; pen-
alty.

32. Fines, how recovered.

33. Duty to reproduce true vaccine
virus for use of physicians; an-
nual report to the governor.
34. State vaccine agent to give bond.

45.

of medicine.

To whom State board of health may refuse certificates.

State Board of Health.

1874, ch. 200. 1880, ch. 438, sec. 2.

1. A board is hereby established which shall be known under the name and style of the "State Board of Health of Maryland"; it shall consist of seven members, as follows: four members, one of whom shall be an experienced civil engineer, and three of whom shall be experienced physicians, to be appointed by the governor, with the advice and consent of the senate, and a secretary, as provided in section 4 of this article; these five, together with the attorney general of the State, and the commissioner of health of the city of Baltimore, who shall be ex-officio members, shall constitute the said board of health. The persons so appointed by the governor shall hold office for four years; provided, that those first appointed shall be so classed by the governor that the term of office of two shall expire on the last day of January