coke a frost case Trin Elizabeth in the common plea a capias utlagatum be sue  after the year and deliver to the sheriff the defendant be in custody of the  sheriff at the suit of another one of the sheriff officer in who actual  custody the defendant be refuse to arrest he on the sheriff warrant and  afterward suffer the defendant to escape the party who sue the capias  utlagatum shall have a action against the sheriff for the escape and resolve  when a man be in custody of the sheriff by process of law and afterward  another writ be deliver to the sheriff to arrest he who be in custody he be  present in custody by force of the second writ the verdict find all the  special matter warrant the declaration which allege a arrest by the sheriff by  force of the say capias utlagatum although the capias utlagatum be sue after  the year so that the defendant can not be in execution without prayer of the  party yet the plaintiff be prejudice by his escape Leon bridge frost recover  debt and damage against b in the common plea Elizabeth and on a ex post capias  the defendant be outlaw and after the year the plaintiff procure a capias  utlagatum against he and deliver it to the sheriff of London and that one  Laborn one of the sergeant of the sheriff of London have arrest the say b in  fleet street at the suit of a ad respondend c before the sheriff Laborn keep b  in his house and then frost come to Laborn with the sheriff warrant to arrest  he on the capias outlaw which he absolute refuse and afterward the sheriff  suffer the say b to go at large and on this matter frost bring a action on the  case against the sheriff and suppose that the sheriff arrest the say b by  force of the say capias outlaw and that the sheriff suffer he to go at large  the defendant plead non to let pass the dawn ire ad grant and the jury find  all the special matter and judgement be give for the plaintiff for they  resolve that when a man be in the custody of the sheriff by process of law and  afterward another writ be deliver to he to arrest the body of he who be in his  custody present he be in his Cr James a custody by force of the second writ by  judgement of law although he do not actual arrest he for to what purpose shall  be arrest he who be and be before in his custody Acc per holt CJ Britton v  coal comb Jackson v Humphreys salk bull n p so if a writ of execution be  deliver to the sheriff against n at the suit of b and a warrant make out  thereon and before the return of such writ a be take in execution at the suit  of c and then escape b may maintain debt against the sheriff for the escape  although the party be not arrest under the writ at the suit of b Benten v  Sutton I Bos pull a et roll Rep Ant a Hardr   light b b b law non prcipit  useless because useless labour fool and the word of the capias ad to give  satisfaction be not only quod to take in hand c but quod salvo to watch c ita  quod to have corpus c so that coke report b er p although he can take he who  he have in his custody yet he may safe keep he and therewith agree h b coke b  the verdict well warrant the declaration for in judgement of law it be  equipollent and amount to as much as if the sheriff have arrest the say b that  although the capias outlaw be sue after the year so that the defendant can not  be in Cr Elizabeth before Mod salk comb c execution without prayer of the  party c yet the plaintiff be prejudice by his escape for he ought not to be  discharge of the imprisonment till he find surety to satisfy he by the statute  of dyer pl a e cap Vid send for wolf v Davison salk SC comb Mod b