The sheriff, upon a non omittas, capias utlagatum, or quo minus, may enter and make an arrest in any franchise. L. P. R. 635. Viner, Franchises, (B.) 6.
Non omittas.
In the county of Suffolk are two liberties, one of St. Edmund Bury, and the other of St. Ethelred of Ely: suppose a capias comes at the suit of A. to the sheriff of Suffolk, to arrest the body of B. the sheriff makes a mandate to the bailiff of the liberty of St. Ethelred, who makes no answer; in that case the plaintiff shall have a writ of non omittas, and by force thereof he may arrest the defendant within the liberty of Bury, although no default was in him [sci. in the bailiff of that liberty.] 5 Rep. 92.
But this is to be understood of the process of the Kings Bench; for Common Pleas recites the capias, the sheriffs return, that he has made his mandate to the bailiff, who has given no answer, and then gives the sheriff power to enter the liberty; but in the Kings Bench, on the sheriffs return on the Latitat, the authority is general, non omittas propter aliquam libertatem, which gives the sheriff power to enter not only that liberty, but all the liberties within the county: And this seems to be grounded on the words of the latitat, (viz.) latitat and discurrit, so that the defendant is supposed to skulk and run from one place to another; and therefore the non omittas was made general, that he might not run from one liberty to another. Gilb. Hist. C. P. 24.[26]
Justice of peace.
A warrant of a justice of peace to arrest for felony may be executed in a franchise within the county, for it is the Kings suit, in which a non omittas is virtually included. 2 Hale P. C. 116.[27]
Process.
By 5 G. 2. c. 2. § 3., in particular franchises and jurisdictions the proper officer there shall execute such process [i. e. where cause of action in superior court is under 10l. in inferior court under 40 s.] [made perpetual by 21 G. II. c. 3.][28]
Sheriffs deputy.
By 13 G. 2. c. 18. § 6., for the better and more speedy execution of process within particular franchises or liberties, the sheriff of every shire, being no city or town made a shire, within which there is any franchise or liberty, the lord or proprietor whereof is of right intitled to the return of writs within such franchise or liberty, shall (if required by any such lord or proprietor) within one month next after such request made to him for that purpose, nominate and appoint one or more sufficient deputy or deputies, at the proper costs and charge of such lord or proprietor, to be resident at some convenient town or place in or near such franchise or liberty, to be for that purpose appointed by the lord high chancellor of Great Britain, and the chief justices of his Majestys courts of Kings Bench and Common Pleas for the time being, or any one of them, who is and are hereby authorized and impowered to appoint such convenient town or place as to him or them shall seem meet, and to settle and direct what costs and charges shall be paid therefore by such lord or proprietor; and such deputy or deputies shall reside at such town or place so to be appointed as aforesaid, and shall have authority in the sheriffs name, and is and are respectively authorized and impowered to receive and open all such writs and process (the execution or return whereof doth of right belong to the lord or proprietor of any such franchise or liberty) and thereupon in the name, and under the seal of the sheriff, to make and issue out such warrant or warrants to such lord or proprietor, as by law is requisite, for the due execution of such writs or process; and every such deputy or deputies is and are hereby required, upon tender of any such writ or process, to receive and open the same, and to issue out such warrant thereon, without delay, in such manner and form as the sheriff himself may or ought to do, without taking any further or other fee than what is now due and accustomed for such warrant; upon pain that every such sheriff or deputy respectively, who shall be guilty of any wilful neglect or default in the premises shall be liable to be punished for the same, as for a contempt of one of his Majestys said Courts of Chancery, Kings Bench, or Common Pleas (as the case shall require), and shall likewise make satisfaction to the party or parties that shall receive damage thereby.