Escape
A Law Dictionary, Adapted to the Constitution and Laws of the United States · John Bouvier · 1839
A Law Dictionary, Adapted to the Constitution and Laws of the United States
VOLUNTARY.
Voluntary escapes are such as are by the consent of the keeper. In civil cases, when the prisoner is confined under a ca. sa. after a voluntary escape, the sheriff can never retake his prisoner, and he must answer for the debt.
Carter, 212.
But the plaintiff, having been in no default, may retake him by virtue of stat.
8 & 9 W. 3, c.
26; and independently of the statute, he might have a new action of debt, or scire facias quare executionem non, against the prisoner. Ba. Abr. Escape in Civil cases, C.