
    Lord, Sheriff, v. Parmela.
    'The sheriff has no right to take a bond that his prisoner shall abide in gaol, until he pays the gaoler for his board.
    The sum claimed by the plaintiff on trial, to remain unpaid, being under £20 has no influence upon the right of appeal.
    Action on bond for £130, conditioned tbat one Sharp should abide a faithful prisoner and not depart said gaol until be bad paid said execution, sheriff’s and gaoler’s fees, .and also paid tbe gaoler for victualing him, etc. Damage £130. Plea nil debet. Issue to tbe jury.
    It was admitted on tbe trial tbat tbe execution and lawful fees were paid; but tbat there remained due about £4 for victuals, board, etc.
   By the Court.

Tbat part of tbe condition is illegal and void; and verdict was for tbe defendant.

Plaintiff moved in arrest — Tbat no more than £4 was claimed to be due; which did not bring tbe cause within tbe jurisdiction of this court, tbe cause was appealed by tbe defendant.

J udgment — Tliat tlic motion in arrest is insufficient. The bond and demand is £180. The plaintiff’s admission upon the trial, that the execution and cost was paid, supersedes the necessity of proof, but doth not alter the jurisdiction of the court, which appears of record, nor the right of the parties. Besides, it would be allowing the plaintiff to take advantage of his own wrong.  