
    Martha Booth vs. Samuel Barnes.
    At special term, August, 1866.
    Before Robertson, Ch. J.
    Where a defendant is in close custody at the'time of entering up judgment against him, but admitted to the jail liberties within three months thereafter, and is again surrendered into close custody by his bondsmen, he is not entitled to be discharged from custody upon the ground of the failure of the plaintiff to charge him in execution, (2 22. 8. 556, $ 88,) until three months after his surrender.
    2). O'Brien, for the defendant.
    21 Cushing, for the plaintiff.
    Decided August 31, 1866.
     