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(1)If a person in the custody of the sheriff or any of his officers or of any other person, either in execution or for nonperformance of a judgment or order of the High Court of Justice, or for contempt of that court or otherwise in the course of a civil proceeding, escapes out of legal custody, such sheriff or other person shall be liable to pay the damages sustained by the person at whose suit such prisoner was taken into custody, and all costs of any action or other proceeding to recover the same, but not any further sum.
(2)A sheriff shall not be liable for the escape of any prisoner when confined in any prison subject to the [40 & 41 Vict. c. 21, s. 31.] Prison Act, 1877.
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