
    Pulver against M'Intyre.
    eoSnis^ueá conrí,aJagaiMt defen tot, °C-Jlt°Sie fm tHS~"Mc^to lerve rests him during suffer”i£a?Jgl |Jtfe J1* wdya“tt'bo°exi t¿”ty0days.th>
    UN ERROR, on certiorari to a justice’s court.
    The plaintiff in error, who was also plaintiff in the court below, brought an action against the defendant, who was a constable, for the escape of one Johnson, ft appeared on the trial, that the plaintiff obtained judgment against Johnson, in a justice’s court, on the 9th of May, 1815; that an execution was issued on the same day, and put into the hands of the defendant, whereon JoknsQnV?as arrested, and permitted by the defendant to go at large for nine days, upon one Miller undertaking that, at the expiration of nine days, Johnson should surrender himself to the defendant, which was done, and Johnson committed to-prison. A verdict, and judgment, was given in the court below for the defendant.
   Per Curiam.

The judgment must be reversed. The constable permitting the defendant to go at large for nine days was a Voluntary escape, and the plaintiff’s cause of action accrued immediately upon the escape. Although a constable has thirty ■days in which to serve an execution against the body,' yet, if he does serve it within that time, he has no right to .permit the defendant to go at large;, and his having him in custody at the expiration of the thirty days, will not excuse the escape. The. present action was commenced while Johnson was at large, and before he surrendered himself to the constable, pursuant to hi? agreement.

Judgment reversed.  