“This action was brought on two policies of insurance, dated March and May 1806, on the ship Romulus, and on her freight, both valued: the former at and from New-York to Havana, and back again to New-York (a). On her return she was captured by a British privateer, the captain of which assigned, as the cause of the capture, that war was either declared, or would soon take place, between Great Britain and the United States. All the hands were taken out of the Romulus, but the captain, the mate, and a boy; who, under a prize-master and hands, were sent to Halifax.

“Rule to show cause why an exoneretur should not be entered on the bail-bond, the defendant having been discharged under the insolvent laws of Pennsylvania, passed in 1790 and 1798. This law only discharges the person from imprisonment or arrest, in any of the cases of creditors, returned as such by the debtor.”