This was a case deciding that any agreement taken from a party in custody, intended as an indemnity to the sheriff; far a breach of duty, is void. But the prohibition extends only to the officer—not to the plaintiff in the process. And where there is some evidence that such an *443agreement is made with the consent and for the benefit of the party, and with his authority; it is a question of fact for the jury whether the sheriff or party made the agreement. (Reported, 1 Comstock, 365.)