
    Bell against Hall.
    Where, a deféndant is held to bail, in an tction for a iiei in a court of common pleas, and he iremoyes the ¡cause to the supreme court by habeas corpus, he must put in bail in the supreme bourfc;: though if the cause had been originally "commenced in the supreme court, he might not have been held to-bail:.
    THIS was ah action tor a Mbel, originally commenced in the mayor’s court, of the city of New-York, where the. defendant was held to bail, according to the coiirse-and practice of that court, in'tjie sum of.5,000 dollars,. The cause -having been removed into this court, by habeas corpus,- T, Sedgwick ñow,' moved, that the defendant He discharged, on filing common bail. ■He*contended, that ah the defendant could not have been held-to bail in this court, except under a special order for that purpose, grantable at ttife discretion of the court,; the cause when it is renioVed here,, by habeas corpus, must be governed by the same rules;. and the court ivoüM exercise the same discretion, asto bail. In Lumley v. Quarry,
      
       Holt, Ch. I. .said,, that on the rémqVal of a cause on habeas, corpus, the* K, B. .would inquire into the cause of action. The rule mentioned by Sellon
      
       is one of. the old mies of the. court of K. B, , r
    
      Henry, contra,
    insisted, that the settled Wile of practice Was, that where the plaintiff Was,' by law, entitled "to bail, the defendant could not; by removing thfe cause from the "inferior court; get rid of the bail. This is the established practice of thfe^ court of K. B. in England; and in all cases not provided' for by thfe rules of our own courts, and Where the practice is unsettled, this court follows the practice-of the K„By
    
      
       1 Salk. 101. S. C. L. Raym. 767.
    
    
      
       2 Sell. Pr. 877.
    
    
      
       1 Salk. 98.
    
   Per Curiam.

It is the right'of the plaintiff, to" commence his action, if he thinks proper, in , the inferior court ;: and being entitled to bail in this action,, in that court,, he ought not to be deprived of it, by the act of the defendant, in removing thfe cause into this court. And it is the settled practicfe of thfe E. "B. in England,, that where the defendant is held to bail, in the court, below, he must, on removing the causé, put in bail on the habeas corpus. * ; . "...

Motion denied,  