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Proceedings of the Council of Maryland, 1698-1731
Volume 25, Page 228   View pdf image (33K)
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228 Proceedings of the Council of Maryland, 1707

                         228 Proceedings of the Council of Maryland, 1707.


        Lib. C. B.  Rousby they would be ffree to say so, To which they Ans

                    wered they knew no objection against that Gentn being of

                    very fair Character and Repute And believe him deserving

                    of his Excellenys favour therein Resolve that his Security

                    be one thousand pound Ster.

                     The Board happening to be very thin His Excellency was

                    pleased to desire the Advice of Mr Philemon Lloyd one of the

                    Iudges of the Provinciall Court upon an odd Accident in the

                    Case of Mr Thomas Macnemara & his wife.

                     After which was read Mr Cheif Justice Smithsons Letter to

                    his in Justification of bayling the said Macnemara.

                    Which being Communicated to the Lawyers present they

                    Offered the following Opinions, And first Mr Wornell Hunt.


                    May it please your Exncy

                     Having (according to Your Exncys Request) had some Con

                    sideration on the Case of Mrs Margtt Macnemara against

                    Thomas Macnemara her husband in Chancery before Yor

                    Exncy humbly on the four following Quer. observe to Yor Exncy

                    as followeth.

                     1st Whether a habeas Corpus on the 31st of Char 2d Capt:

                    ii  is to be granted or allowed in Civill as well as Criminall

                    cases and when and by whom a habeas Corpus at the Comon

                    Law and a habeas Corpus of the said Statute is to be granted

                    in order to the bayling of any person or persons.

                     2dIy Before whom such habeas Corpus are to be returned

                    who shall be Iudges of such returne and bayle the party or

                    remand him.

                     3dly Whether Yor Exncy hath Iurisdiction as Chancellr or

                    Keeper of the great Seale of this province on petition or

             p. 97  Suplicavit of the wife to compell her husband untill cohabita-

                    tion to allow her Seperate maintenance.

                     4thly Whether a person Comitted for Contempt in disobey

                    ing of the Decree of the Court of Chancery may upon habeas

                    Corpus and Sufficient returne of the Cause of such Committ

                    ment be bayled or remanded.

                     As to the first I humbly think that a habeas Corpus Issuing

                    on and marked p Statutu: 31: Car: 2di Cap: ii is to be allowed

                    in Crimin all Cases only as will appear to any of an ordinary

                    Skill or knowledge in the Law and that will take paines to

                    read the title preamble Enacting part and provisoe in the said

                    Act, wherein they will find a provisoe that said Act shall not

                    Extend to Civill causes

                     That an habeas Corpus on said Statute must be allowed in

                    Vacation as well as terme time and that under the penaltys

                    therein mentioned But an habeas Corpus at Comon Law in

                    order to the bayling of any person and in a Civill Cause is


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Proceedings of the Council of Maryland, 1698-1731
Volume 25, Page 228   View pdf image (33K)
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