ante Cr No suggestion need be make in judicial process to alter it and though  the venire go against a dead person yet if the other that join issue also be  live it be sufficient and no error but how shall the jury find for or against  a person that be dead and the not find for both when there be a joint venire  against they be error and a lame verdict Yelv but here certain a suggestion be  necessary that judgement may not be against a dead person but the jeofails aid  by c c raym quaere where there be two defendant and one die as here I vent v I  Jo v quot I Cr a action upon the case be bring against the defendant be  sheriff of London for a escape upon mean process and after issue join and a  trial by nisi prius and before the day in bank Biggs die and suggestion be now  make by affidavit of his death and admit by the court to prevent error in law  without enter the suggestion upon the roll because no roll be make of the  cause till after the term and then it will be too late and it be move that the  suit ought to abate and they resemble this case to a action of debt account or  a action upon the case against two upon a joint contract or against executor  where one die the action fall nor be this as be urge like to trespass which be  joint and several ante raym Cr ante Yelv a Hardres er p for this action be  joint and must of necessity be bring against both but it be answer that a  escape be in the nature of a trespass and a tort and be commit by both and  each of they that though they be repute a officer yet they be two distinct  person and this case be not like a contractor which be entire and can be sever  in judgement but it be like to a trespass or ejectment bring against baron and  feme which be but one person in law and yet if the baron die the suit shall  proceed against the wife so in replevin against two bailiff for take a  distress and in conspiracy against two if one die the action do not abate and  yet the action lie not against one single the book cite be e e dyer h   Inst  cro Rep et adjournatur