“Error to the District Court of the Southern District of New-York. The plaintiffs brought an action of debt in the Court below againt the defendant as Sheriff of the city and county of New- York, for the escape of one Joseph Wilson, a prisoner committed to his custody on a capias ad satisfaciendum, at the suit of the plaintiffs. At the trial it appeared that the plaintiffs on the 4th of May, 1819, issued a ca. sa. on a judgment against Wilson, directed to the Marshal of the district, on which he was taken, and afterwards delivered over under the act of Congress to the Sheriff of the city and county of New-York. The defendant on coming into office received the prisoner from his predecessor, and on the 10th of April, 1821, enlarged the prisoner upon a bond for the limits, which bond was afterwards assigned under the statute of the state to the plaintiffs, and the assignment accepted by the Secretary of the Treasury through the District Attorney. After the assignment of the bond, the surety offered to surrender the prisoner, and demanded that the bond should be cancelled, both which were refused by the defendant; and subsequently, on the 28th day of November, 1822, the prisoner escaped.”