case anonymous in what manner a prisoner in the actual custody of the marshal  may be charge with a new suit in vacation time if a person be in the custody  of the marshal at the suit of a and b in the vacationtime will charge modern  report he there qure how it must be do for arrest modern report er p he he can  because he be already in custody and file a bill the clerk say be can not do  in the vacation nor deliver a declaration but in termtime so that unless a  remanent in custodian enter in the marshal book shall be a charge sufficient  to ground a escape upon the party will be without remedy and so for the  necessity the better opinion of the court seem to be that it be a good charge  a see Tilsden v Parfriman Mod salk salk but in the case of Hutchins v Kenrick  burr the court of king bench be of opinion that the right method to charge a  prisoner with a new suit in vacationtime be to file a bill as of the precede  term and then to deliver to or leave for the defendant be in custody a copy of  the declaration as of the precede term and then to make a affidavit thereof  but by a rule make in easter term will mary a affidavit of the deliver of the  declaration seem in this case unnecessary for prevent however the detainer of  prisoner charge by declaration in the custody of the marshal when the cause of  action do not amount to ten pound a rule be make in easter term Geo that no  declaration shall be sufficient cause of detain such prisoner in custody  unless a affidavit that the plaintiff cause of action against he do amount to  ten pound or upward shall be first make and file with the clerk of the rule  and the sum specify in such affidavit endorse by he on such declaration before  the same be leave with the turnkey Tidds practice but this rule be confine to  case where the prisoner be charge with a new action and do not apply where he  be proceed against by the same plaintiff for the cause of action express in  the process barn pract Reg a then a question arise what time the plaintiff  have to declare in which the clerk of the court differ for some hold it ought  to be the term follow other say he have two term to declare in but holt chief  justice say that be too long to keep a man in custody upon a remanet and order  a reference to Mr clerk who say the plaintiff ought to deliver a copy of the  declaration to the turnkey or marshal some time the next term but Powell  justice think the plaintiff have two term by holt chief justice a remand in  custodian will not charge a prisoner that have escape though the marshal shall  own he to be a prisoner in custody and he also say it be against law to charge  a man in custody that be not in custody for if he have escape he can take  notice of any proceed against he in a place where he be not but the marshal  own a person to be in his custody will make the marshal liable to a escape and  charge himself if a person in custody go out of prison and return again at  night and do so frequent this holt chief justice say be a continuance of the  custody ab beginning and he may be charge with a remanet in custodian or a  declaration for by his return into the prison he may have notice of the  proceed against he a a creditor may lawful enter a detainer against his debtor  who be in fact resident within the wall of the prison though he be not there  by compulsion Wilkinson v Jaques term Rep a