Case No. 17,719.

WILLIAMS v. CRAVEN.

[2 Cranch, C. C. 60.]¹

Circuit Court, District of Columbia.

Dec. Term, 1812.

AMERCEMENT OF MARSHAL.

If a defendant arrested upon a capias ad respondendum be discharged under the insolvent act, before the return of the writ, and fail to appear, the marshal cannot be amerced.

The marshal, having returned cepi, discharged under the insolvent law, upon a capias ad respondendum, and no appearance having been entered for the defendant, the plaintiff moved to amerce the marshal for not bringing him in.

THE COURT (nem. con.) said the marshal could not be amerced. The law had not provided the means of compelling an appearance.

¹ [Reported by Hon. William Cranch, Chief Judge.]

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