
    M‘Intyre against Woods, Sheriff, &c.
    Where an aetio$\ is brought against a sheriff, for an escape, the court win stay execution onfhe judgment, íifftime to bring ¡‘ónd^taken1 for t]le hberties of the prison. What is a reasonable time for this purpose. The sheri if is not liable to pay interest during the time the proceedings are so stayed.
    J. RUSSEL, for the defendant, ** '
    moved to stay all the ** e ' J proceedings on the fieri facias in the above cause, until i i 7J/T" r _ the second. Monday ot November next, or such time as i-the court might direct.
    A judgment was obtained, at the last August term, against the defendant, at the suit of the plaintiff, for the escape of one Stephen Rowan, from the liberties of the A * 7 gaol of Washington county, and Who had been previously committed to the custodv of the defendant on a ca. sa. The defendant had commenced a suit in October, 1807, against the bail taken by him as security for the said Rowan’s remaining within the liberties ; and obtained a verdict in the cause, which was, afterwards, set aside for irregularity.
    
    The act passed the 28th March, 1809, provides that all proceedings against sheriffs for the escape of prisoners, are to be stayed, for a reasonable time, to enable the sheriff to obtain judgment, and collect the amount due on the bond taken for the gaol liberties.
    Crary, contra,
    contended, that this case did not come within the statute; and if it did, the sheriff had already-been allowed sufficient time to recover against the bail, more than three years having elapsed since the escape* At any rate, if any further delay was granted, the plaintiff ought to be allowed interest on his debt against the defendant.
    
      
      See ante, p.138
    
    
      
      33 Sess. c. 148. 8. 2.
    
   Per Curiam.

Before the passing of the statute, we intimated, in the case of Tillman v. Lansing, (4 Johns. Rep. 45.) that we would stay the execution against the sheriff, to give him an opportunity to sue on the bond taken for the gaol liberties. The delay which has taken, place does not appear to have been unreasonable. The rule ought, therefore, to be granted. The sheriff is not liable to pay interest to the plaintiff.

Rule granted»  