Per Curiam.
The defendant was privileged from arrest, as it appears that he had no opportunity to apply to the court below to be discharged, and as this court ought not to suffer its process to be executed in violation of the privileges of other courts, the defendant must be discharged from the bail-bond, and the arrest, on filing common bail, unless the plaintiff should elect, as he may, to waive the arrest altogether, and issue new process.
Motion granted.