
    Watts against Taylor.
    in^an antic» of the penalty givj.“®ts?>&creThe to bánf
    THE defendant was arrested and held to bail in an action of debt, brought t© recover the penalty, given by the 14th section of “ the act concerning distresses, rents, &c., (sess. 36. eh. 63. 1' JST. R. L. 434—437.,) which declares, that if any tenant, or lessee, shall remove and convey away, &c., his goods or chattels, from the demised premises, leaving the rent unpaid, &c., he shall forfeit and pay to the landlord or lessor, or his heirs or assigns, &c., double the value of the goods carried off or concealed, to be recovered in any action of debt, in any court of record.
    The recorder of the city, of Nezu-York having ordered the defendant to be discharged on filing common bail,
    Sedgmc/c, for the plaintiff,
    now moved to vacate the order of the recorder, and that the defendant be- held to bail, tie cite¿. 2 Term Rep. 154. 1 Hen. Bl. 10.
    
      
      -Goodenow.] contra,
    contended', that this was an action on a pe= nal statute, in which, according to the settled- mié of practice in thé English courts, the defendantcould not. be held to bail. He cited Tidd’s Pr. 152. Yelv. 53 Gilb. C. P. 37.
    
   Per Gurictni..

This! is a motion to vacate; the order of the recorder of New-York, for discharging the defendant on common bail. The action is founded upon the 14th section of the statute ‘‘concerning distresses, fen,ts;. and reinóvaí of leases, (1 R. L. 437.,) for remoying goods ffoin the demised premises, leaving, the-rerit unpaid, ' This, is not a popular action.. ¡The', penalty is-given to the landlord or lessor, and is double the value of the goods carried off. The right of action vests, in the party aggrieved,- ás soon ' as the grievance is committed. $.nd Gould, j., says, in the case of Ward v. Snell, (1 Hen. Bl. Rep. 13.,) an action .for shch penalty is . like An , action qua bond to re.cover a debt already due, and the plaintiff if he recovers in such case-, is entitled to costs. Tbe defendant:was properly held- td> rbail 'y and if there be any cOftipláirtt' with respect to .the amount, the; record,eifór A judge, at -his chambers, can mitigate the bail. .

Motion granted.  