Bailiff of a franchise may take bond in sheriffs name. 3 Keble, 71. 117. 125.
Waiver of franchise.
Baily of hundred[37] may waive his franchise and arrest as sheriffs baily[38]. 3 Keble, 71.
Capias against two.
Capias or distress against two, sheriff may serve as to one and bailiff as to the other. 31 H. 6. 13.
Where process issues, and the sheriff or bailiff is plaintiff, yet he may serve the process; and the sheriff is not bound to take conusance if the bailiff be plaintiff or not, for it may be another of the same name. 36 H. 6. 1. Br. Retorne de Briefe. 65.[39]
By 2 E. 3. c. 3. Lords of franchises, and their bailiffs in the same, shall have power to execute this act; which prohibits all men, except the Kings servants in his presence, and his ministers in executing his precepts, &c. from coming before the Kings justices, or other the Kings ministers doing their office, with force and arms, or bringing force in affray of the peace, or going or riding armed by night or by day in fairs, markets, or in the presence of the justices or other ministers, or in any part elsewhere, upon pain to forfeit their armour to the King, and their bodies to prison to the Kings pleasure.
Attorney.
By 4 H. 4. c. 19., no steward, bailiff or minister of lords of franchises which have return of writ shall be attorney in any plea within the franchise or bailiwick whereof he is such officer or minister.
[32] And such deputy it should seem ought to be made by writing (9 Rep. 51, b.). Though it is said 21 H. 7. 37. that the sheriff or a steward may make deputy without deed.