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SEC. 1. Be it enacted, by the General Assembly of Maryland,
That it shall and may be lawful for any person arrested or im-
prisoned in virtue of a writ of capias ad respondendum, in any
civil action, at any time before the return day of such writ, to
apply, by petition, to any judge of the court to which such writ
shall be returnable, to appoint a time and place for producing
before him such petitioning prisoner, to be discharged from
imprisonment, unless cause shall be shewn to the contrary;
and on such application, it shall be the duty of such judge to
issue an order to the sheriff, or other officer, in whose custody
such petitioner may be, to produce him before such judge, at a
time and place in the said order specified, to do and receive
whatsoever shall seem just, and also requiring such sheriff, or
other officer, to give notice to the plaintiff or plaintiffs, at whose
suit such petitioning prisoner shall have been arrested, or to the
attorney or agent for the plaintiff or plaintiffs in such suit, to
produce at the time and place named in the said order, the cause
of such suit or action; and it shall be the duty of the sheriff, or
other officer, to whom such order shall be directed, to obey and
execute the same, by delivering a copy thereof to the plaintiff
or plaintiffs therein named, or to his or their agent or attorney,
or by leaving such copy at the dwelling-house or usual place
of abode or of business of either of them, within the time in
such order limited, and by producing the body of such petition-
ing prisoner before the said judge, as directed by such order;
and the sheriff, or other officer, who shall execute any such
order, shall be entitled to receive from the applicant, such fees
as are allowed by law for similar services, to be ascertained and
allowed by the judge who shall decide on the application.
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Persons ar-
rested in
any civil
action to
apply to
judges, &c.
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SEC. 2. And be it enacted, That at the time and place ap-
pointed by the order of any judge for producing before him the
body of any petitioning prisoner, the same judge, or any other
judge of the same court, may immediately hear and decide on
the application of such petitioner, if it shall appear that notice
has been duly given to the plaintiff or plaintiffs, at whose suit
such prisoner shall have been arrested, or to his or their attor-
ney or agent, in such suit, or if either of them shall attend, or
for want of such notice, or for such other cause as to the said
judge may appear reasonable, may postpone the consideration of
the petition of such prisoner to another time, and direct notice
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Who may
decide on
inch appli-
cation, &c.
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