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Noble against Smith and others
Per Curiam.
It is settled, that it is not an escape for a sheriff to bring up, on a hab. corp. ad test, a prisoner, in his custody on execution in a civil suit, to testify. (3 Esp. Cases, 283. 3 Burr. 1440. 4 East, 587.) The sheriff is bound to bring up the prisoner in such case, on the party who sues out the writ, tendering to him his expenses for bringing up and returning the prisoner.