Before the passing of the statute, we intimated, in the case of Tillman v. Lansing, (4 Johns. Rep. 45.) that we would stay the execution against the sheriff, to give him an opportunity to sue on the bond taken for the gaol liberties. The delay which has taken, place does not appear to have been unreasonable. The rule ought, therefore, to be granted. The sheriff is not liable to pay interest to the plaintiff.
Rule granted»