
    
      Lyle v. Stephenson.
    [April, 1806.]
    Prison Bounds Bond— Power ot Sheriff to Prevent EscapeAfter the sheriff has 'taken a prison hounds bond from the debtor, he has no power to authorize or prevent his escape:
    Same — Same.—And therefore a motion for the debt and costs will not be sustained against him, upon the ground of a voluntary escape.
    This was a , motion for a writ of super-sedeas to a judgment of the district court. The petition stated, that Lyle obtained a judgment against Bowyer, and issued a ca. sa. upon it: To which the deputy sheriff made a return in these words: “Executed, and bond taken for the prison rules. ” That the sheriff afterwards voluntarily permitted Bowyer to escape, and thereby subjected himself ío a motion, under the act of assembly, for the amount of the execution. That the petitioner moved the district court to that effect; but the court, being of opinion that the return on the execution did not authorize the . motion, overruled it; and gave judgment for the defendant.
    
      
       The deputy omitted to sign the name of his principal.
    
    
      
      Prison Bounds Bond — Escape—Power of Sheriff to Prevent. — For the proposition that, after the taking oí a prison bounds bond the sheriff has no power to prevent or authorize the escape of the debtor, the principal case is cited and approved in Meredith v. Duval, 1 Munf. 80 : McGuire v. Pierce, 9 Gratt. 177.
    
   LYONS, President.

The, court is of opinion, that the supersedeas is to be denied ; because a motion will not lie against a sheriff for a voluntary escape, when he has taken a prison bounds bond from the debtor, and admitted him to the prison rules: for the debtor is then in the custody of the law, and the sheriff has no power to authorize or prevent his escape.

Supersedeas denied,  