1862, ch. 15. 1888, ch. 175, sec. 3. 20. It shall be the duty of said superintendent to prepare a system of rules and regulations for the more effectual security of the public buildings and grounds and the maintenance of order therein, and for the government of the watch when on duty; and such rules and regulations, when approved by the governor, shall become part of the law for the keeping and guarding of the public buildings and grounds, and shall be conspicuously posted therein; and any person who shall violate the same, or any part thereof, shall, upon conviction thereof before a justice of the peace, be deemed guilty of a misdemeanor, and fined not more than twenty dollars and costs; and in default of payment of such fine and costs shall be committed to the county jail for a period of not less than ten days, nor more than thirty days; provided, that any person so convicted shall have the right of appeal to the circuit court for Anne Arundel county. 1888, ch. 175, sec. 4. 21. All janitors, watchmen, keepers of steam-houses and furnaces, and all other officers provided for by section 18, and all laborers and other persons employed permanently or temporarily in and about the public buildings and grounds under the provisions of said section, shall be under the supervision of the superintendent of public buildings and grounds, and obey all orders and carry out all instructions by him given in relation to the care and protection of said public buildings and grounds. Ibid. sec. 5. 22. The superintendent of public buildings and grounds shall, before entering upon the duties of his office, take the oath prescribed by the constitution of this State, and also execute a bond to the State of Maryland in the penalty of one thousand dollars, conditioned for the faithful discharge of the duties imposed upon him by sections 18-21, and for the delivery to his successor of all movable property belonging to the State, and said bond shall be filed with the secretary of State. 1868, ch. 352. 23. Upon the recommendation of the board of directors of the Maryland penitentiary, the governor may remove any insane or lunatic convict confined in the penitentiary, and provide for the support, care and safe keeping of such convict in the Maryland hospital, or any State institution for the insane; and the expense thus incurred shall be defrayed by the board of directors of the penitentiary, out of the funds arising from or appropriated for that institution. ARTICLE XLII. HABEAS CORPUS. Jurisdiction and Procedure. 1. What courts and judges may issue. 2. In term or vacation. 14. Person delivered not to be afterwards imprisoned for same offence; qualifications. 3. Any person detained in custody 15. may apply for. 4. Service and return. 5. One day for every twenty miles. 7. Duty of sheriff in such cases. 9. Penalty for failure to obey writ in 16. Penalty for refusing to grant writ. officer not to be removed into 17. Judge discharging person on the ground that law under which he was arrested is unconstitutional, shall file opinion and transmit the papers to court of appeals for immediate review. Procedure in Relation to Minors. 18. Commitment of minors to charitable or reformatory institutions. Habeas corpus to review facts in such cases. 19. 13. When court not in session or judge absent, on return of writ, any other judge may hear the case. Jurisdiction and Procedure. Const., art. 4, sec. 29. 1876, ch. 373. 1880, ch. 6. 1. The court of appeals and the chief judge thereof 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 circuit courts for the respective counties of this State, and the several judges thereof, out of court, the superior court of Baltimore city, the court of common pleas of said city, the circuit court of Baltimore city, and the Baltimore city court, and the judges of said several 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 matters pertaining thereto. State v. Mace, 5 Md, 337. State v. Glenn, 54 Md. 572. P. G. L., (1860,) art. 43, sec 2. 1798, ch. 106. 1853 ch. 238, sec. 2. 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. Ibid. sec. 3. 1876, ch. 373. 1880, ch. 6, sec. 3. 3. Any person committed, detained, confined or restrained from his lawful liberty within this State for any alleged offence, or under any color or pretence 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, to the end that the cause of such commitment, detainer, confinement or restraint may be inquired into; and the said respective courts or judges to whom such complaint is so 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, returnable immediately before the said court or judge granting the same. Bell v. State, 4 Gill, 301. Ex parte Walsh, 5 Md. 609. Ex parte O'Neill, 8 Md. 229. Ex parte Maulsby, 13 Md. 625. Parrish v. State, 14 Md. 238. Ex parte Costen, 23 Md. 271. Costen v. Costen, 25 Md. 506. Boyle v. State, 25 Md. 509. Deckard v. State, 38 Md. 203. Ibid. sec. 4. 1876, ch. 373, sec. 4. 4. The writ of habeas corpus shall be served by delivering to 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 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. P. G. L., (1860,) art. 43, sec. 5. 1809, ch. 125, sec... 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 miles of such further distance. Ibid. sec. 6. 1819, ch. 137, sec. 1. 6. On any application for a habeas corpus, if it shall be made to appear to the satisfaction of the court or judge that there is probable cause for believing that the person who may be charged with confining or detaining the person making the application, or on 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. Ibid. sec. 7. 1819, ch. 137, sec. 1. 7. It shall be the duty of the sheriff to whom the writ mentioned in the preceding section may be delivered, immediately to execute the same, and to carry the person charged with the detention, together with the person detained, before the court or judge, who shall proceed to inquire into the subject-matter. P. G. L., (1860,) art. 43, sec. 8. 1819, ch. 137, sec. 2. 8. If the sheriff to whom any such writ of habeas corpus as is referred to in the preceding section may be delivered, shall neglect 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. Ibid. sec. 9 1809, ch. 125, sec. 3. 9. If any officer or other person to whom a writ of habeas corpus may be directed, shall neglect or refuse to make return thereof, or to 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. Ibid. sec. 10. 1809, ch. 125, sec. 3. 10. Any person committed or detained, or any person in his 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 demanded, 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. Ibid. sec. 11. 1809, ch. 125, sec. 2. 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 |