HENDERSON verʃus ALLEN.
A
Judgment had been entered at the fettlement of the docket, and the defendant was taken in execution on a Ca. Sa. returnable to December Term 1785. He now applied for the benefit of the infolvent acts, although he was not taken in execution till the 26ht of September, and his petition was prefented fubfequent to the application made by the debtors, on the third day of the term.the court faid that the practice under the act for the relief of infolvent debtors, was, that only thofe fhould be difcharged, who made their application within the three firft days of the term; for, otherwife, the Court might be continually employed on this bufinefs, to the delay and detriment of every other.
The Prothonotary mentioned, on this occafion,, that it was the conftant practice to enquire, whether the writ of execution was returnable to the term, at which the defendant applied for his difcharge.
The petition was difmiffed.
Bankʃon for the plaintiff—Rawle for the defendant.