Opinion
October 11, 1799.
Wilson for plaintiff. Bayard for defendant.
Defendant made affidavit, which is filed etc., that he was arrested about nine or ten o'clock on the day after the general election at Georgetown, before he had returned home etc. Bayard moved that he might be discharged from the action, being privileged to come to and return from the election.
Wilson admitted that the court would give a large and liberal construction to this privilege, but, as it was a matter for the exercise of the court's legal discretion, he would not observe on the circumstances of defendant's delay and distance, vide Tidd Pr. 27.
This was an action of debt, £100 for exporting a slave without permit.
Let the defendant be discharged.