76 Mass. 490
Massachusetts Supreme Judicial Court
Decided March 15, 1858
Massachusetts Supreme Judicial Court · decided 1858-03-15
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.
Decided 1858-03-15
¶1The 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.
¶2Prisoner discharged.