case Jackson against HUMPHRYS in a action against the sheriff of London for a  escape from the compter it be sufficient to show that the plaintiff levy a  plaint against the party and that he be charge in custody S c salk S c holt a  action of escape against the sheriff of London the exception be that it be not  show that the party be in custody at the suit of the plaintiff at the time of  the escape and holt chief justice say they ought to have show that he be  arrest and take at the suit of the plaintiff and then escape the like where a  man be in custody before any suit a charge of he in custody be in law a arrest  do you say it be plead that at the time of the escape a plaint be levy in the  compter whereby he be charge in custody at the suit of the plaintiff holt  chief justice say charge be a vulgar expression but not a legal one a person  be not in custody of the sheriff of London until he be bring into the compter  and be before in the custody of the sergeant a man be not regular in custody  at the suit of another until a writ be deliver to the sheriff and arrest you  can declare against a man in custody anywhere but in this court but a process  must go to the officer to bring he to the bar a plaint be in the nature of a  original but not of a capias and the declare against a man in custodian  mareschalli be the special custom of this court but a plaint will not be  sufficient to find a escape upon until process go out to bring he in custody  videlicet to bring he into court for by the plaint be be suppose to be at  large Powell justice differ Adjournatur a the declaration in this case be that  the plaintiff have levy a plaint in the sheriff court against I S he be then  in the compter on a former plaint levy against he by I n to this the defendant  demurrer insist that there ought to have be a precept sue out on the latter  plaint on which the sheriff may have return a to take in hand the question be  twice argue at the bar and in Trinity term whether holt chief justice have  look into Machalleys case say that upon enter a plaint in the compter there  never be any precept award but the sergeant at mace arrest the party by his  general authority and therefore there be nothing more to be set forth than be  set forth in this case for by enter the plaint and charge the defendant in the  compter he be in the actual custody of the sheriff S c salk see also heart be  case cro James a