
    John Jones versus Edward Kelly.
    If excessive bail be required in an action for a tort, this Court will, upon habeas corpus, discharge the defendant, upon his giving bail in a reasonable sum.
    The defendant was brought up by the sheriff upon a habeas co> pus; and it appeared that he was master of a vessel on board of which the plaintiff sailed as a mariner. In the course of the voy age, the defendant caused the plaintiff to be confined on a charge of mutiny, and on his arrival in Boston, delivered him to the authority of the United States. The district judge, having examined into the case, committed him for trial at the next term of his court; when, no indictment being returned against him, he was discharged. He then brought his action for the imprisonment, and caused the defendant to be arrested and held to find security in the sum of 3000 dollars. Being unable to procure sureties to that amount, he was committed to prison, and now moved the Court here to reduce the sum for which he should be held to give bail, alleging the bail required to be excessive .
    
      
      JD. A. Simmons, for the plaintiff.
    
      Hooper, for the defendant.
    
      
       Vide Mass. Declaration of Rights, Art. 26.
    
   By the Court.

By the common law of England, and by the laws of most of the United States, bail cannot generally be required in actions for mere torts, as this is. But by the law of this commonwealth it is otherwise, and parties complaining of wrongs of any kind may allege their damages, and demand sureties to any amount. When excessive bail is demanded, it is a proper case for the interposition of this Court. In the present case, without giving any opinion o"f the sum which the plaintiff may eventually recover in the action, we think it unreasonable that * the [ * 117 ] defendant should be held for so large an amount. He is to be discharged on finding sufficient sureties in the sum of 1000 dollars.  