2. In cases of treason and felony, the law,, for wise purposes, suspends this remedy in order to promote the public interest, until the wrongdoer shall have been prosecuted for the public wrong. 1 Miles, Rep. 316-17; 12 East, 409; R. T. H. 359; 1 Hale's P. C. 546; 2 T. R. 751, 756; 17 Ves. 329; 4 Bl. Com. 363; Bac. Ab. Trepass, E 2; and Trover, D. This principle has been adopted in New Hampshire N. H. R. 239; but changed in New York by statutory provision; 2 Rev. Stat. 292, 2 and by decisions in Massachusetts, except perhaps in felonies punishable with death; 15 Mass. R. 333; in Ohio; 4 Ohio R. 377; in North Carolina; 1 Tayl. R. 58. By the common law, in cases of homicide, the civil remedy is merged in the felony. 1 Chit. Pr. 10. Vide art. Injuries; Merger.