
    Scidmore against Smith.
    An action on the case lies for setouring the set-thet °pia!S,°f thepenaityndgn-concLning' ast vmtl<*(2 wr. á cumulative rc“edy‘
    IN ERROR, bn ' certiorari to a iüstioe’s court.
    
      Smith, the defendant in error,
    brought ■ an action of trespass (as was-stated in the return) in the court below, , against the plaintiff in error, to recover'damages for séducing and harbour?* ing his man servant. It was objected that the action should have been debt, uncfer;the‘ 15th section of the “me,¿concerning slaves,and servants,” ( 2 N. R. L. 206,,) but the exception was overruled, and, judgment was given for the defendant in error.'
   Per Curiam.

The statute penalty for harbouring slaves or ‘servants, is'cumulative, and. does-not destroy the common law remedy.

Judgment affirmed. 
      
      
         Almy v. Harris, 5 Johns. Rep. 175, Farmer's Turnpike Company v. Coventry, 10 Johns. Rep. 389.
     