Curia.
In the Bank of Orange v. Wakeman, (1 Cowen’s Rep. 46,) we held that the sheriff’s taking a promissory note for the money upon ajñ. fa. in his hands would not operate as payment, even though he returned the exe
Page 554
cution satisfied. The draft, in this instance, not being a payment, the act of permitting the defendant to go at large was a voluntary escape, and the plaintiff clearly had a tight to issue another ca. sa. and proceed to the second arrest.(a) The sheriff could receive nothing in payment but money, or us equivalent.
Motion denied.
(a).
See 1 R. L. 426, s. 24. 8 John. Rep. 361.