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to issue such writ under the provisions of sections 1 and 3 if application in the particular case had been originally made to such court or judge.

1888, art. 42, sec. 14. 1860, art. 43, 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 offense 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.

Ibid. sec. 15. 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. 1860, art. 43, 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 thereofin 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.

Ibid. sec. 17. 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. Annapolis v. Howard, 80 Md. 246.

Procedure in Relation to Minors.

1888, art. 42, sec. 18. 1886, ch. 57. 1900, ch. 306. 1904, ch. 98. 1904, ch. 291. 18. A minor may be committed to a juvenile institution for care and guardianship if he is a minor without proper care. A minor is deemed to become within this description: If he is without any proper place of abode or proper guardianship, or is neglected or ill-treated by his parent, guardian or custodian, or such parent, guardian or custodian is unable properly to care for him, or if it clearly appears that by reason of the character or surroundings of such minor he has become so vicious and depraved that the welfare of such minor, as well as the peace and good order of society, require such commitment. A court of record, a judge thereof, or a justice of the peace may commit minors falling within this description to a juvenile institution incorporated under the laws of this State, to be kept until twenty-one years of age, in the case of males as well as females, unless sooner discharged by such institution, or according to due course of law, and such court or officer may require such minor to be brought before him or it upon a warrant or order, or commit without such previous precept, if such minor can be

brought or is present without it, or the circumstances are otherwise such that a warrant should be dispensed with; and all courts or officers acting under the provisions of this section are vested with all the incidental powers necessary to the effectual execution of the powers herein enumerated.

Cocking v. Wade, 87 Md. 539.

1888, art. 42, sec. 19. 1886, ch. 57. 1900, ch. 306.

19. A minor held in any custody, under a commitment or otherwise, for care and guardianship is said to be in private custody within the meaning of section 20.

Ibid. sec. 20. 1888, ch. 79. 1890, ch. 70.

20. Whenever a minor is brought before a court or judge upon habeas corpus in private custody, the court or judge, in the determination of the case shall be guided and controlled by a parental consideration of what is demanded by the best interests of such minor, and the custody shall be determined without regard to technicalities of procedure and without reference to any alleged technical claim or right of custody; the minor, when brought up by habeas corpus, shall be deemed to be in the custody of and subject to the order of the court or judge issuing the writ or hearing the case, and the court or judge may adjourn the examination from time to time, and shall not allow the proceedings to be controlled by the parties thereto, or any of them, and it shall not lie within the power of the parties, or any of them, to dismiss the case or settle it; a minor, in such proceeding may be removed from the custody of his parent, appointed guardian, or other legal custodian; he may be committed to the care of any person, body corporate or institution, upon such terms and for such period as the court or judge may deem beneficial; if it be made to appear that such course is demanded by the temporal or moral welfare of the minor, it shall be the duty of the court or judge to commit him to the care or custody of any charitable, reformatory or other institution incorporated under the laws of this State subject to the discipline and regulations of such institution, and to the further order and direction of the court or judge; and any court or judge disposing of the custody of a minor upon habeas corpus may assume and retain jurisdiction. over such minor in as ample a manner as a court of chancery, or judge of a court of chancery upon bill or petition, and may pass such other and further orders in relation to his care and custody as may be deemed just and beneficial.*

*See article 27, secs. 317, 472; also article 23, sec. 240.