Commonwealth v. Hatch

Upon this, the Court observed that the defendant’s motion to discharge the rule must prevail; for, if proceedings on this bond were analogous to the cases mentioned, Nichols and the obligor could not refer the action, before it was determined at law that the penalty was forfeited; because judgment for the penalty must be entered for the commonwealth for the benefit of any other persons who might be injured; but afterwards, Nichols * and [ * 193 ] the obligors might refer the damages he had sustained (1).

*146In this case the penalty had not been declared forfeit; and such was the report, that…