
    Noble against Smith and others.
    A she.,hl js up^^erson'm I,ls custody on execution, to testify in a civil te'deredthcel® Pe“scs for bringing up anu returning the prisoner.
    THE sheriff of Albany, had been served with a ha-teas corpus ad testificandum, to bring up one J. S. in his custody, on a ca. sa. to testify in this cause. The sheriff J 7 returned that he had the body of the said J. S. in execution, and could not, therefore, return him, as required hv til p wri t oy tne Wilt.
    
      J. Russel, for the plaintiff.
    Southwick, contra,
   Per Curiam.

It is settled, that it is not an escape for a sheriff to bring up, on a hab. corp. ad test, a prisoner, in his custody on execution in a civil suit, to testify. (3 Esp. Cases, 283. 3 Burr. 1440. 4 East, 587.) The sheriff is bound to bring up the prisoner in such case, on the party who sues out the writ, tendering to him his expenses for bringing up and returning the prisoner.  