from
Bouvier's Law Dictionary, Revised 6th Ed (1856)
NEGLIGENT ESCAPE. The omission to take such a care of a prisoner as a gaoler
is bound to take, and in consequence of it, the prisoner departs from his
confinement, without the knowledge or consent of the gaoler, and eludes
pursuit.
2. For a negligent escape, the sheriff or keeper of the prison is
liable to punishment in a criminal case; and in a civil case, be is liable
to an action for damages at the suit of the plaintiff. In both cases, the
prisoner may be retaken. 3 Bl. Com. 415.