
    Sanford against Chase.
    The defendant was arrested and holden to bail, while he was attending as a witness before arbitrators. The defendant then resided in the state of Massachusetts, but being in the county of Columbia, was subpoenaed to attend.
    A motion was now made, that he be discharged from the arrest, and that the bail bond be delivered up to be cancel-led.
    £7, Cole, for the motion.
    One altead» ing as a wit. ness from a foreign state, before arbitrators, being arrested by virtue of a capias ad respond dendum, was discharged ab. solutely, with* out being required to file common toil.
    
      
      A. P. Holdridge, contra.
   Curia.

The only question is, whether the defendant is to be discharged on filing common bail, or absolutely, from the suit. In Norris v. Beach, (2 John. Rep, 294) this Court discharged the defendant from the arrest, entirely and absolutely. In a subsequent case, (Bours v. Tuckerman, 7 John. 538) be was discharged on filing common bail. We adopt the first case. The privilege of a witness should be absolute. An arrest should not be valid even for the purpose of giving jurisdiction to the Court out of which the process issues ; more especially where the witness is attending from a foreign state.

Motion granted.  