ation laws of this State, and to prepare and report to the general assembly of Maryland at the session of 1904, the draft of a general system of laws providing for the formation of corporations of all lawful descriptions and accurately defining their duties, powers and obligations, with appropriate details regulating the general method of conducting their operations, the remedies for abuse, misuse and nonuse of their corporate powers and the methods for dissolving them and for the service of legal process against them, and embodying all provisions proper for a complete system of incorporation law. Maryland Flag. 1904, ch. 48, sec. 1. 26. The flag heretofore and now in use and known as the Maryland Flag is hereby legalized and adopted as the Flag of the State of Maryland, which said flag is particularly described, as to coloring and arrangement, as follows: Quartered-the first and fourth quarters being paly of six pieces, or and sable, a bend dexter counterchanged; the second and third, quarterly, argent and gules, a cross bottony countersigned; that is to say, the first and fourth quarters consist of six vertical bars alternately gold and black with a diagonal band on which the colors are reversed, the second and third consisting of a quartered field of red and white, charged with a Greek Cross, its arms terminating in trefoils, with the coloring transposed, red being on the white ground and white on the red, and all being as represented upon the escutcheon of the present Great Seal of Maryland. Ibid. sec. 2. 27. The Flag of Maryland shall be displayed from the State House at Annapolis, Maryland, continuously during the session of the General Assembly, and on such other public occasions as the governor of the State shall order and direct, the flag always to be so arranged upon the flag-staff as to have the black stripe on the diagonal bands of the first quartering at the top of the staff as represented in the illustration of the Maryland Flag in "Chronicles of Colonial Maryland.” ARTICLE XLII. HABEAS CORPUS. Jurisdiction and Procedure. 1. What courts and judges may issue. 2. In term or vacation. 3. Any person detained in custody 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 10. Person detained entitled to true 13. When court not in session or 14. Person delivered not to be afterwards imprisoned for same offense; qualifications. 15. Penalty for refusing to grant writ. 16. Person committed to custody of officer not to be removed into custody of other officer; qualifications. 17. Judge discharging person on the ground that law under which he was arrested is unconstitututional shall file opinion and transmit the papers to court of appeals for immediate review. Procedure in Relation to Minors. 18. Commitment of minors to juvenile institutions. 19. What is private custody within meaning of section 20. 20. Minors brought upon habeas corpus from private custody; what orders court may pass. Jurisdiction and 1888, art. 42, sec. 1. Const. art. 4, sec. 29. Procedure. 1876, ch. 373. 1880, ch. 6, sec. 1. 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 and circuit court No. 2 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. Sevinsky v. Wagus, 76 Md. 335. Cocking v. Wade, 87 Md. 539. 1888, art. 42, sec. 2. 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. 1860, art. 43, 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 offense or under any color or pretense 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 Coston, 23 Md. 271. Coston v. Coston, 25 Md. 506. Boyle r. State, 25 Md. 509. Deckard v. State, 38 Md. 203. Ibid. sec. 4. 1860, art. 43, 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 pretense such person is confined or restrained of his liberty. Ibid sec. 5. 1860, art. 43, sec. 5. 1809, ch. 125, sec. 1, 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. 1860, art. 43, 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. 1888, art. 42, sec. 7. 1860, art. 43, 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. Ibid. sec. 8. 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. 1860, art, 43, 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. 1888, art. 42, sec. 10. 1860, art. 43, 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. 1860, art. 43, 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 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 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 offense 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. Ibid. sec. 12. 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. 1860, art. 43, sec. 13. 1809, ch. 125, sec. 2. 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 ་ |