General
Ex parte W. Wilson
2 D.C. 72 Cranch 7·United States Circuit Court of the District of Columbia·1810
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Opinion
Ex parte W. Wilson.
The Courtwill not, on motion, discharge a.prisoner for debt who has the benefit of the hounds, because the creditor refuses to pay the daily allowance.
Motion by Mr. E. J. Lee, for W. Wilson,
to order the marshal to discharge him from the prison-bounds, the creditor having failed to furnish him with his daily allowance, according to the Act of Congress 3d March, 1803, § 5, [2Stat. at Large, 237.]
The allowance was demanded by the marshal on the 25th of June, 1810, and refused. The daily allowance for prisoners in execution for debt, was fixed by a general order of the Court, on the 13th of June, 1803.
[MAJORITY — The Court]
The Court
refused to make such an order for the discharge of 'Mr. Wilson in this summary way, because if he has a right to depart the prison-bounds he is at liberty so to do ; if he has not, the order of the Court would not justify the marshal in discharging him. See Ex parte Wilson, 6 Cranch, 52.