case WESBYS against skinner and catcher late sheriff of London Hilary term  Elizabeth roll a old sheriff must deliver over to his successor by indenture  all the prisoner in his custody charge with their respective execution and if  he omit any it will he deem a escape   b hob roll Abr Bulst leo Bac Abr debt  upon a escape upon nothing dehet plead a special verdict be find that the  prisoner for who escape the action be bring be in execution in the counter at  the suit of one Dighton for and at the suit of the plaintiff for that the  defendant in exit ab duty deliver he as in execution for one cause only  videlicet at the suit of Dighton to the new sheriff and they suffer he to  escape for this escape the action be bring against the ancient sheriff and  whether upon this matter the action lie against the defendant or ought to he  bring against the new sheriff because the tort hegan first in they be the  question Tanfield the new sheriff be Chargeable for there be not any law to  compel the ancient sheriff to deliver the prisoner by indenture with their  cause but the new sheriff ought at his peril to take notice especial of  execution which be upon and out of the record for he ought to be attendant  upon every court at Westminster and to have his deputy in every court whereby  he be to he inform of every execution issue out of every court and in diverse  case a man must take notice at his peril of act of which by intendment he may  have conusance as lessee for life shall take notice of livery make upon the  land so lessee for year or for life shall take notice of the grant of a  reversion by deed enrol and in Elizabeth it be rule in one wife case where a  writ of discharge be show in the county court for the ancient sheriff who be  not present that he ought at his peril to take notice thereof so executor  ought to take notice of every judgement against their testator and if in this  case the ancient sheriff have die and a now sheriff make he at his peril ought  to take notice of the prisoner in execution and of their cause so here the new  sheriff when they find he in execution and so be lawful under their charge but  if there have not be any cause certify of detain he in prison it may  peradventure have be otherwise for then if they detain he in prison they shall  have be Chargeable croak Elizabeth in false imprisonment also in this case  they suffer he to escape before Dightons debt be satisfy wherefore forasmuch  as he do a tort therein it be reason he shall the rather he charge therewith  snagg contra the ancient sheriff be not discharge nor the new sheriff charge  until three thing he perform videlicet the patent to the new sheriff the writ  of discharge to the old sheriff and the delivery of the prisoner by indenture  to the a abolish by car c see Bl Com croak Elizabeth er p new sheriff and  there be a writ in the register f that the prisoner and writ shall he deliver  to the new sheriff by indenture wherefore inasmuch that it be not do so  whereby the new sheriff may have conusance they shall he charge and not the  new sheriff wherefore c I Popham c j and all the court gawdy absentee hold  that the ancient sheriff shall he charge and not the new sheriff for this  delivery over of that e prisoner and writ by indenture be by the order of the  coninion law and reason will that the sheriff shall not have prisoner deliver  unto he but that he also shall have the cause certify with they and not to  compel he to search out the cause of their imprisonment and in regard there be  a default in the old sheriff that when they deliver the prisoner by indenture  they show but one cause only of his detainment and not both it be therefore  reasonable they shall rather he charge than the new sheriff and it be a escape  in they present for the prisoner when he be deliver to the new sheriff for one  cause although he he in execution for one cause he be not of execution for the  other wherefore it be a escape maintenance in the ancient sheriff and they be  forthwith Chargeable therewith and the law will never charge the new sheriff  but where the prisoner be deliver unto he in the common gaol of the county  with the cause of his detainment and he needs not otherwise to take he and  therefore in Dawbridgecourls case in this court who be sheriff of the county  of Warwick and have a prisoner in execution who he keep in a house in Warwick  and not in the common gaol of the county be afterward remove from his office  will have deliver the prisoner to the new sheriff at the say house who refuse  to receive he unless he be bring to the common gaol and afterward the prisoner  escape it be adjudge that the say d be Chargeable with this escape and not the  new sheriff unless he have be deliver unto he in the common gaol and as to the  case where the old sheriff die that may he agree to be good law for it be of  necessity because there the new sheriff be to take notice at his peril and it  be afterward adjudge accord a note gawdy say unto I that he be of the same  opinion clear for the inconvenience which otherwise will ensue to sheriff to  enforce they to search all record out of every court and in the interim not to  know what to do with their prisoner vide Edward v pl Henry pl note a writ of  error be after bring in the exchequer Chamber and after argument there the  judgement be affirm vide