
    Anonymous.
    A person who by reason of the commission of a crime, is disqualified from being a witness, may be examined upon his application as an insolvent debtor.
    
      Morris moved for a peremptory mandamus to be directed to the Court of Common Pleas of the county of Warren, to compel them to proceed to administer the oath required to be administered to insolvent debtors who apply for their discharge under the insolvent act; which oath that court had declined administering, upon the ground that the insolvent had rendered himself incompetent to be a witness in a •court of justice, by the commission of a crime which disqualified him; and remanded him to prison.
    Chief J ustice said : This application is for a peremptory. ■mandamus, which, in general, is not granted in the first instance, except by consent.
    
      Morris. The application was made in this form by the consent of the adverse counsel.
   By the Court.

We think the Court of Common Pleas ought to proceed and administer the oath to the insolvent. Although he may be disqualified from being a witness, he is not thereby precluded from being examined upon his .application as an insolvent.

Mandamus ordered.  