case squibb against hole in debt in a inferior court on a bind state to be  make within the jurisdiction to which the defendant plead non be factum if  judgement be give against he and he be take in execution and a action be bring  for a escape in which it be find by special verdict that the bind be not make  within the jurisdiction the action will not lie S C Freem sand comens Mod Mod  Mod Mod stram ld ray hawk c S salk will Cowp and see the case of Trevor v wall  term Rep the plaintiff bring a action of escape and declare that he prosecute  one I S in the court of Ely upon a bind make infra jurisdiction of that court  upon which he be take and the defendant suffer he to escape upon not guilty  plead the jury find a special verdict to this effect videlicet that there be  such a bind upon which there be such a prosecution and such a escape as in the  declaration but they find far that this bind be not make infra jurisdiction  Curice Maynard sergeant who argue for the plaintiff say that this action be  commence in a inferior court upon a bind which the plaintiff set forth to be  infra jurisdiction Curice and that the defendant be arrest and suffer to  escape and whether if in truth the bind be not make infra jurisdiction a  action of escape will lie or whether all the proceed be coramnon judge be the  doubt he take a difference where a inferior court have a original jurisdiction  of the cause modern er p and have conusance of such a suit as be bring there  for in such case the proceed be not extrajudicial but if a action be bring  where proper no action do lie all the proceed there be in person non judge  modern at the commonlaw one who have a particular jurisdiction to hold plead  within a liberty can not hold any plea of a thing which do arise out of the  liberty for though it be transitory in its nature yet be allege not within his  jurisdiction it be ill Inst but when the cause of action arise infra  jurisdiction that give they authority to proceed and therefore it will be hard  that the judge and officer shall be punish by a construction to make all  extrajudicial where they have no possible way of find whether in truth the  cause do arise within the jurisdiction of the court or not a see the case of  crowder v Goodwin post a but the officer be bind to obey the process of the  court if it appear as in this case that they have conusance of it the judge be  likewise bind to grant the process otherwise he be subject to the plaintiff  action for his refusal in some case the plaintiff himself may not know where  the bind be make as if he be executor of the obligee c beside in this case it  be set forth that in the action below the defendant plead non be factum and so  have admit the jurisdiction or at least have waive it and it will be a  insufferable mischief if after all this labour and charge the defendant may  avoid all again north chief justice say that if this cause have be try before  he he will have nonsuit the plaintiff because he have not prove the truth of  what he lie down in his declaration videlicet that the bind be make  infrajurisdictionem Curice but as to the matter as it stand upon the special  verdict he incline that as to the plaintiff who know where the bind be make  all the proceed be in person non judge but as to the officer it be otherwise  for the pleint and process will be a good excuse for he in a action of false  imprisonment and afterward by the opinion of three judge videlicet the chief  justice and Wyndham and Atkins justice judgement be give for the defendant  that this be no escape and that though the party have admit the jurisdiction  by his plea of non estfaclum below yet that can not give the court any  jurisdiction when they have not any original in the cause and the case of  Richardson v Bernard b roll Abr title escape pl b be cite as a authority in  point where the plaintiff in a action bring against a officer declare in hull  upon a bind make at hallifax and have judgement modern and execution and the  defendant escape and in a action bring for this escape the declaration be hold  ill because it do not allege the bind to be make infra jurisdiction Curice  Ellis justice of a contrary opinion in omnibus