
    Alexander Wass vs. William S. Bartlett.
    A defendant arrested on mesne process, and refused the poor debtors’ oath, is entitled to give a bail bond under St. 1857, c. 141, § 22.
    Habeas corpus. The petitioner was arrested on mesne process and taken before a magistrate under St. 1857, c. 141, § 21, who refused to administer to him the poor debtors’ oath. Upon being committed to jail, he offered to give a bail bond, which was refused, and this writ was sued out.
    
      A. S. Wheeler, for the petitioner.
    
      B. Dean, for the creditor.
   By the Court.

The provision of St. 1857, c. 141, § 21, that a debtor arrested on mesne process, and carried before a magistrate, and by him refused the poor debtor’s oath, and committed to jail, shall be “ there kept until final judgment in the suit in which he was arrested,” is qualified by the subsequent provision “ unless he shall ” do one of certain acts, one of which is giving a bail bond according to § 22.

Prisoner discharged.  