
    A. Kirkpatrick, vs. Saml. Irby.
   lie act of 1813, which avoids any civil process served on any person when he shall be called out into service or imbodiedby the executive authority, or within thirty days after such person sha’l be dischargedfrom the service," applies only to those cases where the militia are called out to actual service, In a state of actual warfare, or an emergency of war; and not upon am occasion like the reception of Gen. Lafayette.  