case calthrop against Philip a action on the case for negligence lie against a  exsheriff for omit to deliver to the new sheriff a writ of supersedeas by  reason of which the plaintiff be take in execution S C Mod the question be in  regard a supersedeas be not returnable in the court whether the old sheriff be  bind to deliver it over to the new one or no it be urge that it ought not  because the old sheriff be to keep it for his indemnity and he may have  occasion to plead it but George stride sergeant on the other side insist that  it ought to be deliver to the new sheriff and that there be a writ in the  register a Reg a which prove it and if it shall be otherwise these  inconvenience will follow first it will be inconvenient that the capias  against the defendant shall be deliver to the new sheriff and not the sum  ersedeas which be to admit the charge and not the discharge Weslbys case   and  it be the constant practice not only to deliver the supersedeas but the very  book in which it be allow and this be say appear by the certificate of many  sheriff which he have in his band second if the sheriff have a exigent against  b who appear and bring a supersedeas to the old sheriff and then a new sheriff  be make if he have not the supersedeas he may return he outlaw by virtue of  the exigent so in the case of a judgement set aside for fraud or practice and  a supersedeas grant and the like in the modern case of a estrepement which be  never return and it will be a endless work upon the corningin of every sheriff  to renew this writ as to the objection that the old sheriff may have occasion  to plead it as often as such occasion happen he may have recourse to it in the  office of the new sheriff and he can have no title to it by the direction of  the writ for that be v icecomiti Berks and not to he by express Christian and  surname and of that opinion be all the court and judgement be give accord nisi  causan c b by Geo c all sheriff shall at the expiration of their office turn  over to the succeed sheriff by indenture and schedule all such writ and  process as shall remain in their hand unexecuted who shall duly execute and  return the same c b