
    Barnard versus Field.
    RULE to shew cause why the Capias issued in this case should not be quashed, the Defendant being a freeholder. As the Plaintiff had delayed issuing process until within three or four days of the term, he could not issue a summons, (which, must be, at least, ten days before the return) but he had directed the Sheriff to accept the Defendant’s appearance, by an indorsement on the Capias.
    
    
      Heatly, in shewing cause against the rule, observed, that the words of the Act were, that a freeholder should not be arrested or detained; that in the mode here adopted, there had been no detention; and that it was sanctioned by an uniform practice in similar cases.
    
      Todd insisted, for the Defendant,
    that in no case, upon no terms, shall a Capias issue against a freeholder, unless he is brought within the exceptions of the Act.
   Shippen, President.

The Act of Assembly, expresly directs that the process, to be issued against a freeholder, shall be a Summons. Upon the writ which has issued in this case, the Defendant must be arrested before his appearance can be accepted; and it might hereafter be doubted, under our Act of Assembly, whether in submitting, even upon those terms, to the Capias, he has not forfeited his privilege to be sued by a Summons.

The rule made absolute.  