
    Dole against Moulton and another.
    A warrant to confess judgment on a bond given by a prisoner, and another 1o the sheriff, for the liberties of the prison, was held to be void.
    The plaintiff was sheriff of the county of Rensselaer, and one of the defendants, his prisoner, in execution in the jail of that county. The prisoner, in order tu obtain the liberties of the jail, together with the other defendant, as Ms surety, entered into a bond to the plaintiff, conditioned that he should remain a faithful prisoner, &c.,' pursuant to the statute regulating the liberties of jail's. [Laws of N. Y., 2,1 Sess. c. 91; 2 R S., 2d. ed., 352, 353, § 44,45.] The sheriff at the same time took a warrant from the defendants directed to any attorney to confess judgment on the bond, by virtue of which a judgment was entered and an execution issued thereon.
    It was moved to set aside the judgment and execution on the ground that the sheriff had no authority to take such warrant.
    
      Woodworth, for the plaintiff.
    
      Troup, for the defendant.
   Per Curiam.

The statute does not authorize the sheriff to take such a warrant, which is therefore void. If permitted, it might be employed to oppressive purposes. Let the judgment and execution be set aside with costs.  