Volume 25, Page 228 View pdf image (33K) |
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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Volume 25, Page 228 View pdf image (33K) |
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