
    MARCELLIS against The President and Directors of the HAMBURGH TURNPIKE COMPANY.
    The suit was brought in the Bergen Common Pleas, and moved into this court by habeas corpus.
    
    
      Campbell
    
    moved for a procedendo, on the ground that no recognizance had been filed.
    
      Halsey and A. Ogden, opposed the motion.
    The defendants being a corporation, no bail was required of them below. It was, therefore, unreasonable to require bail on removing the cause to this court.
   By the Court.

The act of Assembly requires a recognizance in all cases. It makes no distinction whether the defendant has been held to bail below or not.

Halsey then moved for leave to take ten days to file recognizance.

By the Court. — It is reasonable, take it.

Cited is Vannatta v. Mor. Can. & Bkg Co., 2 Harr. 159. 
      
       Vide Angelí and Ames, 880.
      
     