
    Frere v. Mudd.
    An. insolvent debtor, arrested for a debt due before his discharge, can only be relieved by the Court, or a judge of the Court, before whom the process is returnable.
    A writ of habeas corpus was issued to bring up the body of Mudd, who was arrested on a ca. sa. issued by a justice of the peace for a debt under $50. It was suggested, upon the return, that all the debt except $8 was due before his discharge under the Insolvent Act, and the Court was now moved, under the tenth section of the act, to discharge him upon his paying the $8 and interest and costs. The execution was, under the Act of Congress of the last session, [1st March, 1823,] returnable before the justice, [3 Stat. at Large, 743.]
   The Court

(nem. con.) refused to discharge him, because, by that section of the act, the power to discharge, in such cases, is given only to the Court, or a judge of the Court, to whom the execution is returnable.  