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Session Laws, 1808
Volume 597, Page 56   View pdf image
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1808. NOVEMBER. LAWS OF MARYLAND.

CHAP
CXII.

in said road, shall be recovered from said person in the same manner that small debts are recovera-
ble, in the name of the overseer of said road for the time being.

Court to ap-
point an over-
seer, &c.

IV. AND BE IT ENACTED, That the levy court of Baltimore county shall annually appoint an
overseer to superintend the keeping the said road in repair.

CHAP. CXIII.

Passed 25th of
Dec. 1808.

A Further additional supplement to the act, entitled, An act to pro-
vide for the administration of justice in cases of crimes and mis-
demeanors in the city and county of Baltimore, and for other
purposes.

Justices may
issue habeas
corpus, &c.

BE IT ENACTED, by the General Assembly of Maryland, That any one or more of the justices of the
court of oyer and terminer and gaol delivery for Baltimore county, during its sitting, and at all
other times the chief justice of the said court, be and they are hereby authorised and empowered,
upon application, to issue their writ of habeas corpus, and cause to be brought before them or him,
any person or persons who are or shall be in confinement within their jurisdiction, and to inquire
into the cause of such confinement, and either discharge, admit to bill or commit, such person or
persons as the case may require, in the same manner as is now practised by any other court or judge
in this state.

Court may in-
flict punish-
ment, &c.

II. AND BE IT ENACTED, That the said court may inflict the punishment now annexed to the
crime of manslaughter on any slave convict thereof before them, or they may, in their discretion,
order such slave to be whipped on his bare back with not exceeding thirty-nine stripes, or may sen-
tence him, if a male slave, to serve and labour on the roads, or if a female, to serve and labour at
the work-house as other convicts are now sentenced.

Witnesses to
receive fifty
cents, &c.

III. AND BE IT ENACTED, That no witness who may attend the said court, shall be entitled to
receive for his attendance more than the sum of fifty cents for each day he shall attend the said court
under recognizance or summons, if such person shall reside in the city or precincts of Baltimore.

Court may di-
rect the sheriff
to pay, &c.

IV. AND, whereas it frequently happens that persons residing out of the state, at the request of
the court, voluntarily attend as witnesses to support the prosecution, and there is no mode pointed
out by which they can be indemnified in their expenses, BE IT ENACTED, That the court may direct
the sheriff of the county to pay to any witness thus circumstanced, such sum of money as may be
considered a reasonable compensation for his trouble and expense in attending the said court, and
may reimburse the said sheriff by levying the same on the county, as they do the other expenses of
the said court.

CHAP. CXIV.

Passed 25th of
Dec 1808.

An ACT to straighten and lay out a road in Baltimore and Harford
counties.

Commissioners
appointed, &c.

BE IT ENACTED, by the General Assembly of Maryland, That Dixon Stansbury, William R. Gillis
and Thomas Ayres, be and they are hereby appointed commissioners to lay out and open a road,
at the expense of the petitioners, not exceeding thirty feet in width, to commence at Aquila Gallo-
way's lane, in Baltimore county, then to the Eastern York road, at or near the place where an old
road now intersects it, about half a mile above the Black Horse tavern, in Harford county, and the
road so opened, at the expense of the petitioners as aforesaid, and the valuation herein after directed
to be made shall be paid, or secured to be paid, to the individuals concerned, shall be recorded
among the records of Baltimore and Harford counties, and thereafter deemed and taken to be a pub-
lic road far ever, and shall be kept in repair in the same manner as other public rends in said counties.

Damages to be
ascertained,
&c.

II. AND BE IT ENACTED, That the aforesaid commissioners, or any two of them, shall ascertain
and value what damages may be sustained by the person or persons through whose land the said road
may pass by opening the same, and the said valuation shall be made before the said commissioners
proceed to open the same; provided always, that if any person or persons, through whose land the
said road shall pass, shall conceive themselves aggrieved by such valuation and assessment of da-
mages by the said commissioners, it shall and may be lawful for any justice of the peace for Baltimore
ter Harford counties, on application of the party interested, to issue his warrant, under his hand and
seal, directed to any constable of either county, commanding him to summon five freeholders, dis-



 

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Session Laws, 1808
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