case park against crawford if notice to produce a prisoner be give to the  marshal on a Friday and a demand to see the prisoner make on a turnkey at  twelve oclock on the succeed Tuesday modern report er p this be a sufficient  notice and demand to maintain a action for a escape against the marshal this  be a action of escape bring against the marshal of the king bench upon the  statute of will c S the word of which statute be that if the marshal or warden  for the time be or their respective deputy shall after one day notice in write  give for that purpose refuse to show any prisoner commit in execution to the  creditor at who suit such prisoner be commit or to his attorney every such  refusal shall be adjudge a escape in law in this case the notice be give by  the creditor upon the Friday to produce the prisoner upon the Tuesday at  twelve oclock the prisoner be demand of the turnkey but not be produce the  action be bring this be the state of the case the postea be stay by the  direction of chief justice Parker who try the cause modern report and it be  now object first that the notice be insufficient and that second if the notice  be sufficient the demand and refusal be not allege as they ought to be it be  observe that this statute be a penal statute because it subject the gaoler to  make satisfaction to the plaintiff where possible the plaintiff be not at all  injure that therefore such a interpretation be to be put upon the Act as may  not subject the gaoler to unreasonable and unnecessary difficulty it be  likewise observe that the Act of parliament have direct no particular sort of  notice and that consequent the notice as to the nature of it must be govern by  the rule of commonlaw the statute be silent as to the place where the prisoner  be to be produce this the law supply and say the prison for it will not be  pretend that by this statute the gaoler be bind to produce the prisoner at  whatever place the creditor shall please to appoint so again as to the time to  be specify in the notice for the produce of the prisoner the Act be alto  either silent yet certain there must be a time specify in the notice for it  will not be pretend that a notice from the creditor to produce the prisoner  general without appoint any time will be good it will not be pretend that upon  such notice the marshal will be oblige to produce the prisoner a week a month  a year after whenever it shall please the creditor to demand he for this will  be at once to blow up the rule of the prison which be certain never the  intention of the Act which in require a day notice do evident suppose the  prisoner may possible have the benefit of the rule the question now therefore  be whether the time appoint by this notice be certain enough or whether it  ought not to have be confine to some particular modern report part of the day  and not say on such a day general it be say that in confine the notice to some  particular hour or portion of time in the day the inconvenience to the  plaintiff can be none at all because he have it in his own power to appoint  that time which will be most convenient for he whereas on the other hand the  marshal will be expose to the trouble of a unnecessary attendance as not know  what time of the day the creditor will demand he but if it shall be say here  as probable it may that the plaintiff have specify no particular time in the  day the law appoint a time videlicet the last hour in that day unless by  mutual consent the party do it soon then second the demand be faulty be make  at twelve oclock at noon when the defendant have until the close of the  evening for the performance of it a second objection as to the demand be in  respect to the person upon who the demand be make videlicet the turnkey it be  observe from other clause in the Act that by the word deputy be to be  understand a deputymarshal videlicet such a deputy as a action may be bring  against and not any inferior officer as a turnkey c if it shall be say that  the deputymarshal seldom or never attend and that consequent it will be next  to impossible for the creditor to make the demand of the marshal or his deputy  it be answer that it must be suppose that the marshal or his deputy be attend  the duty of their office and that shall a creditor not be able by reason of  their absence to have the benefit of this Act of parliament the court will  punish they for their nonattendance modern report er p modern report the court  seem incline to think that the marshal have all that day for the produce of  the prisoner they seem likewise to think that by the word deputy be to be  understand a deputymarshal and not a more inferior officer but that however  the plaintiff can not suffer by their nonattendance because a demand at the  prison though nobody be there will be sufficient Adjournatur memorandum case  memorandum Lord Cowper surrender the seal in the vacation easter term the four  of George the first in the court of chancery Thomas Lord Parker Lord  chancellor sir Joseph Jekyll Knt master of the roll