A person who being a prisoner in lawful custody or confinement, regains his liberty either with or without force before his legal discharge, or who having a prisoner lawfully in his custody, suffers him to regain his liberty, before his legal discharge, commits the offense of escape.98

So an officer who having prisoners in his custody, neglects to secure the doors, bolts and locks of the jail in the way they are designed to be used, to prevent prisoners from escaping, is liable to prosecution for escape.99

But an officer will not be liable to criminal prosecution for the escape of prisoners through the carelessness of his assistant if he used due care in appointing such assistant.100