
    *Babcock v. Cummins and Others.
    Imprisonment fob Debt.—A debtor in the prison limits has the same right to apply for the benefit of the insolvent act as if he were in close confinement.
    ERROR to the Tippecanoe Circuit Court.
   BlackfoRD, J.

This was an action of debt against Cum-mins and others, on a bond conditioned that Cummins should continue within the prison limits, &c. The bond was given in a case in which Cummins had been committed to jail on a capias ad satisfaciendum, issued on the judgment of a justice of the peace. Breach assigned, that Cummins had escaped, &c. Plea, that Cummins, whilst in the prison limits, &c., exhibited his petition before two justices of the peace for his discharge, &c., pursuant to the act for the relief of insolvent debtors; that the justices thereupon issued their warrant to the jailer to bring Cummins before them, with a list of the executions with which he stood charged, the plaintiff having had notice, &c.; that Cummins was brought before the justices, and thereupon subscribed and delivered in a schedule of his whole estate, filed his bond, and took the oath required by the act for the relief of insolvent debtors; that thereupon the justices ordered that he should be discharged from custody; and that after such discharge, and not before, Cummins left the limits, &c. General demurrer to the plea, and judgment for the defendants .

We see no objection to this plea on general demurrer. There can be no doubt but that a debtor in the prison limits has tin same right to apply for the benefit of the insolvent act, as if he were confined* in the prison. R. S. 1838, p. 232.

P. A. Lochwoód and _D. Mace, for the plaintiff.

H. Allen, for the defendants.

Per Curiam.—The judgment is affirmed with costs.  