LEVIN WINDER, ESQ. GOVERNOR.

187

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 sub-
scriptions, at such times and places as they may deem
best, for a capital stock of sixty thousand dollars, in
shares of fifty dollars each.

Dec. Sess.
1813.

2. AND BE IT ENACTED, That in case the afore-
said Baltimore and Strasburg road company shall de-
termine to lay out their road through Belle Air, but de-
cline extending a branch of said road from thence to the
scite aforesaid, in that event the said bridge company are
hereby authorised to make and extend the aforesaid
branch of said road.

CHAPTER 175.

Branch.

An act declaratory of the law on returns to writs of
habeas corpus, and for the better protection of the
liberty of the citizen.
Section 1. BE IT ENACTED by the General Assem-
ly of Maryland, That it is of right, and shall in all ea-
ses be competent for the party complaining of illegal de-
tention or confinement, in whose behalf a writ of habe-
as corpus hath been issued by the proper court, chancel-
lor, chief justice or other judge, already authorized 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 di-
rectcd, to controvert by himself or his counsel the truth
of such return, or to plead any matter repugnant there-
to, 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 confine-
ment.

Passed Jan.
31, 1814.

Illegal con-
finement.
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 complain-
ing, or the officer or other person making the return, to
issue subpoena or subpoena duces te cum, 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 rea-
sonable cause shewn is necessary, for the purpose of
proving all the circumstances of the detention or con-
finement aforesaid whereby such court, chancellor,
chief justice or other judge, may be enabled .truly and
justly to decide and determine, whether there is any le-
gal warrant or authority therefor, or whether the party
restrained of his liberty shall not be forthwith released
and discharged.

Party com-
plaining sub-
poena may be
issued, &c.