case tempt Hardwicke Wilkinson versus salt and very sheriff of London at the  same sit where a prisoner entrust by the gaoler with the key be see without  the gaol the sheriff become liable as for a voluntary escape to a action of  debt for which be can justify by allege a reception aliter have the escape be  through negligence the sheriff of London do not enter into case tempt  Hardwicke er p their office until the day they be swear the testimony of the  steward of the sheriff court inadmissible to prove that plaint have be levy  without produce they action of debt for a escape wherein plaintiff declare  that be recover a judgement against one h c and by can sa upon that judgement  he charge he in execution in the custody of Lambert and Westley the late  sheriff who at their go out of their office on the that day of September  deliver the prisoner over to the present defendant who have voluntary permit  he to escape the defendant have plead nil to withhold and likewise that the  say h c break the gaol and make his escape and that they pursue and retake he  and have he now in custody to answer the plaintiff plaintiff reply that the  defendant voluntary permit he to escape the defendant have plead nil to  withhold that put the plaintiff on the proof of his whole declaration and  accord a copy of the record of the judgement be first read then a examine copy  of the can sa and the return that the sheriff have he in custody and on the  writ a endorsement that the prisoner and writ be deliver to the present  sheriff at the other go out of the office then a objection be make by the  defendant counsel that as the plaintiff have lie the particular day of the  defendant be turn over and it not be under a scilicet it be material to be  prove now the day lie in the declaration be the that of September but they say  the time when the old sheriff quit their office and turn over the prisoner be  on the that and for that purpose they examine the steward of the sheriff court  who confirm it and say the plaint be levy on the that before the new sheriff  but he have no plaint ready to produce as evidence thereof and sergeant urlin  the deputy recorder be in court the Ch justice ask he as to this matter who  say it be general take that the new sheriff be Chargeable with the prisoner  from the time of their be turn over which be always upon the that of September  about seven in the evening however the Ch justice say they be not swear at the  exchequer till the that and he think they do not enter in office until that  time and therefore overrule the objection but say if the defendant have a mind  he will save the point to they the evidence of the escape be that the prisoner  be see at large out of the prison that the plaintiff attorney ask the gaoler  case tempt Hardwicke if he be in custody who tell he he be go out of the  prison on a errand for the prisoner and that the gaoler have make he turnkey  of the prison so that he have the key of the prison in his custody and let we  people in and out of the prison Lord Hardwicke c j here be plain evidence of a  escape the only question be whether this be a voluntary or a negligent escape  for if it be a negligent escape the sheriff may justify by reception but if it  be a voluntary escape he may not justify and this appear plain to I to be a  voluntary escape for as he have be trust with the key of the prison he may go  out when be will the only doubt that can possible be raise in this case will  be the question which be in the case of the king Huggins in the exchequer a  information for a escape be exhibit against Huggins for the escape of boyce a  smuggler and defendant plead a reception and the attorneygeneral reply a  voluntary escape and the evidence be that the turnkey let he out of prison and  the court be of opinion that the turnkey not be the warden deputy therefore  his permission do not make it a voluntary but only a negligent escape in the  warden but they hold that a permission by the warden deputy will make a  voluntary escape in the warden so that even that doubt be now clear upon this  evidence because it appear that the gaoler himself appoint he to be turnkey  therefore you must find for the plaintiff for his debt and accord they do find  for plaintiff and d damage N B by the stat and W III c if a gaoler refuse to  show his prisoner upon demand it be evidence of a escape and that no retake or  fresh pursuit shall be give in evidence unless special plead nor such plea  receive unless oath be make in write that the prisoner escape without his  knowledge or consent case tempt Hardwicke er p