The provision of St. 1857, c. 141, § 21, that a debtor arrested on mesne process, and carried before a magistrate, and by him refused the poor debtor’s oath, and committed to jail, shall be “ there kept until final judgment in the suit in which he was arrested,” is qualified by the subsequent provision “ unless he shall ” do one of certain acts, one of which is giving a bail bond according to § 22.

Prisoner discharged.