The enquirer. [volume] (Richmond, Va.) 1804-1815, 1815-01-25
ENQUIRER OFFICE,
RICHMOND, Wal January 5, 1915
FOR THE ENQU1RER.
SKETCH Of The .9cts hassedht tie General
assembly IF vtrgnsiq,
az Concluded.

IL CoScLUDED.
103. Pm Act so amend the militia laws
OF this Commonwealth. ~" See the last
Enquirer.
to ascertain 70 what point the navigation of
Willis's River can be extended, and for o.
ther purposes"
los. An act, "to amend an act, eI t;tied.
an act to amend an act, entitled, An act to
establish turnpike between the town of
Manchester and Falling Creek on the Buck
iugham road"
1O6. An act. " to amend an act, entitled,
" An act direc'ng the mode of Sung out and
prosecuting wrts Of HabcaS CORPUS and to
annui the remedy by writ az Honlire Rehde-
sia''do, provides, that Whenever any person
detained in custody, Wheeler charged with a
criminal of3tnce Or not, shall apply 70 the re-
neral court, or any Superior Court of law, or
Superior Court of Chancery, or to any Judge
thereof, in vacation, for "A writ of ha6edS COR
30 al snbj'ciendun, and shall shew, by a!ii-
ddvit or other evidence, probable cause 0be-
ieve that he is detained III custody without
lawial authority, it shall be the duty of such
court, or judge, forthwith to grant the writ,
signed by himself, directed to the person in
whose custody the applicant is detained, and
returnable Immediately before such court or
Judge, or any other of the said courts or
shall appear necessary, the court or nudge
shall previously require bond with suffi
security, executed in such manner, and in
such reasonable penalty as such court or Judge
shall prescribe, conditioned for the payment
OF such charges as may be awarded against
the prisoner and that he will not escape by
the way. Every bond so executed shall be
recorded with the other proceedings, and
may he sued on in the name of the person
to whom 1T is made payable, for the benefit
OF any person really interest, d therein
Whenever any such writ shall be served on
the officer, or other person, to whoa it is
directed. or, in his absence from the place
where the prisoner is confined, on the per-
son having the immediate custody Of the pri-
soper, 1t shall be the duty Of him, on whom
the writ shall be so executed, without DELAY
to bring the body of the prisoner, or cause it
to be brought before the court or Judge be-
tore whom the writ is made returnabe, or,
IN case OF the absence of such court or iuige,
before any other Of them and, at the saIne
time to certify the cause of the detainer of
such prisoner.
Any person failing to return the writ so
served upon him, with the cause of the pris-
oner's detainer, or to bring tho. body OF the
prisoner before the Court or JdHr,. according
to the command of the Writ, for DAYS after
sJch service, or, where the prisoner is TO be
brought more than twenty miles, for so ma
NY days more, as viii be equal to one day
tor every twenty miles of oh further distance,
shall forfeit and pay to Inc prisoner the sum
OF . 500; the right to recover which sl,all not
cease by the death of either or both of the
parties. 1t shall be lawful for a Judge, in va
cation, to take the same steps TO enforce obr-
dience 10 any Writ Of lia6eas certi,4s ad SUD
Jiciendu1l, as may be taken in term time
by any Court having jurisdiction over such
Wfits--I ne Court or Judge before whom the
Prisonershall be brought, shall, without delay.
proceed tn enquire into the cause Of his inn
pris0nment, and shall either discharge him.
admit him to bail, or remand han into custo-
dy, as the law q the evidence shall require
and shall nor ver, either award against the
prisoner the charges ofhis transportation, not
exceeding ~ cents per mile, and the costs
OF the proceedings, or shall award costs in
ms favour, or shall award TO costs or char
geS againsr either party, as shall seem right
Inc Clerk OF the Court in the Office Of
which tie proceedings shall be recorded,
may issue execution for the costs and char
ges so awarded by judgment rendered in
vacation, IN tie same manner as If the lude-
ment had been rendered in term time. The
return inside to such writ shall not hereafter
be taken TO be conclusive as to toe facts sta
ted therein but it shall be competent for
tIte Judge or court, before whom such return
is made, TO receive evidence in contradiction
thereof. and to determine the same as the
very truth OF the case shall require. In va
cation, a Judge shall have the same power to
compel the attendance Of a witness to give
evidence upon the trial. as a Court would
have IN term time and whenever, either in
tern time, or III vacation, it shall be inconve-
nlent to procure the personal attendance OF
witness, his affidavit taken upon reasonable
notice TO the adverse party may be received
~ evidence. The proceedings and iudgmen,
shall, in all cases, be entered Of record. ii
they be had in vacation, before Judge in
CHARGE ~ they shan be signed by the Judge
! certified to the clerk, and by him entered a.
mong the records OF the Chancery Court
within the jurisdiction of which the Judgment
snail be rcndered--lf before a Judge Of the
General Court, in vacation, they shall be. IL
IKE manner, signed, certified aud entered
nong the records Of the Superior Court O
nav Tor tie County in which the judgnen
shan be Whenever either part,