The act seems to be intended for the benefit of every man, whether an inhabitant, or a foreigner, who is about to leave the State; and the Plaintiff is clearly within the description of persons entitled to a Special Court. But, we think, for the second reason which has been urged by the Defendant’s counsel, that it would be doing manifest injustice to hurry the trial on at this time: Therefore,

By the Court: Let the rule be discharged.