
    Marscroft against Butler.
    If a prisoner be not brought up for his discharge under the insolvent law till the. last day of rlie term, and his creditor then oppose him on an affidavit of showing probable cause of impeaching the fairness of his inventory, the' court will remand to the next term.
    The defendant Rad applied for Lis discharge, under the insolvent act, on the first Thursday in term, but no mea sures had been taken to bring him up till the last day. The plaintiff then moved for time to oppose, on an affidavit, stating that notice of the application had come to him only on the second day of the then August term. That one Benjamin Prescott, of Massachusetts, a material ^witness to prove the falsity of the defendant’s inventory, and that he expected to • be able to obtain his testimony.
   Per Ouríam.

The prisoner must be remanded till the first day of the next term. We do this with regret, but the act is -too imperative to admit of discretion. As the defendant did not apply to be brought up at an earlier day, it is in some degree his own laches. Let him be brought up next term.  