1778-11-02 (static/transcriptions/1778/11/004.jpg)

1778. 4 Term. [Monday] Nov. 2.

Joseph Phillips
Edward Baber.
Judgment for the Defendant was pronounced in this Cause.
It had been tried at the Sittings after the last Term, and adjourn’d for consideration.
It was an action against Mr. Baber for having while he was Sheriff suffer’d, Charles Ingram, to escape, against whom a precept of Execution had been awarded by the late Mayor’s Court, on a judgment for about 8000 Rupees.
The Return was of this purport “Having Executed this Warrant, I now return the same, Charles Sealey, Deputy Sheriff”
There was no other Evidence that Charles Ingram ever had been in Custody than this Return, and this we were of opinion was not sufficient to Charge the Defendant.
Mr. Sealey had no written deputation. The Return appear’d not to be Mr. Baber’s but Mr. Sealey’s.
/ If