|
LEVIN WINDER, ESQUIRE, GOVERNOR.
to do, that then it shall and may be lawful for the Susquehanna
Bridge Company (a) to turnpike the said road from Baltimore to
Belle-Air, after causing the same to be laid out, and to extend and
lay out the said road from thence to the site fixed upon as aforesaid,
upon the most direct route the nature of the ground will admit; and
to this end and purpose the said bridge company shall have and
possess the like rights and powers, and be amenable to the like regulations
and duties, as the Baltimore and Strasburg company
possess and are subject to, and shall have authority to appoint commissioners
to take subscriptions, at such times and places as they
may deem best, for a capital stock of sixty thousand dollars, in
shares of fifty dollars each.
(a) See Nov. 1812, ch. 143. |
DEC. 1813.
CHAP. 174. |
2. AND BE IT ENACTED, That in case the aforesaid
Baltimore
and Strasburg road company shall determine to lay out their road
through Belle-Air, but decline extending a branch of said road from
thence to the site aforesaid, in that event the said bridge company
are hereby authorised to make and extend the aforesaid branch of
said road. |
Branch of road
may be extended. |
_____
|
|
CHAP. CLXXV.
An Act declaratory of the Law on returns to Writs of Habeas Corpus,
and for better protection of the liberty of the Citizen.
Lib. TH.
No. 4, fol. 221. |
Passed Jan. 31, 1814. |
1. BE IT ENACTED, by the General Assembly
of Maryland, That
it is of right, and shall in all cases be competent for the party complaining
of illegal detention or confinement, in whose behalf a writ
of habeas corpus hath been issued by the proper court, chancellor,
chief justice or other judge, already authorised by law to issue
the same, either during the sitting of the court, or in vacation time,
on return of said writ made by the officer or other person to whom
it hath been directed, to controvert by himself, or his counsel, the
truth of such return, or to plead any matter repugnant thereto, or
to avoid the effect thereof, whereby it may appear from the circumstances
to be proved, that there is not a sufficient legal cause
for such detention or confinement. |
Illegal confinement
—Remedy. |
2. AND BE IT ENACTED, That it shall be the
duty of the said
court, chancellor, chief justice or other judge, on application in
behalf of the party complaining, or the officer or other person making
the return, to issue subpœna duces tecum, and
process of attachment if requisite, returnable at the day and place,
and in the manner therein directed, to be served by the sheriff of
the county, or his deputy, and to be enforced as the like process
may now be enforced in courts of law, in order to compel the attendance
of witnesses, whose testimony it may appear on affidavit,
or other reasonable cause shewn, is necessary, for the purpose of
proving all the circumstances of the detention or confinement aforesaid,
whereby such court, chancellor, chief justice or other judge,
may be enabled, truly and justly to decide and determine, whether
there is any legal warrant or authority therefor, or whether the
party restrained of his liberty shall not be forthwith released and
discharged. |
Party complaining,
subpœna may
be issued, &c. |
VOL. III.
18
|
 |
