The Office of Bailiff of a Liberty

by Joseph Ritson

[50] Note, every man is bound by the common law to assist not only the sheriff in his office for the execution of the Kings writs, but also his baily that hath the sheriffs warrant, &c. and if they do it not, being required they shall be fined and imprisoned. 2 Inst. 195.

CHAPTER VI.
OF HIS INDEMNITY AND PROTECTION.

Arrest, and
non-return
of writ.

If the sheriff command the bailiff of the franchise, who arrests the defendant and sends him to the sheriff, if the sheriff return no writ, the bailiff shall not be charged, for the arrest of the bailiff of the franchise was lawful, and it shall be against reason that the non-return of the sheriff should prejudice him. 8 E. 4. 17. And see also 21 H. 7. 22. Keilwey 87. 89.

Mandate.

If the sheriff write to a bailiff of franchise in such form, Ballivo libertatis, &c. salutem, mandatum Domini regis recepi in hæc verba, and rehearse how the King commands by writ to take the body of such a one, where no writ comes to the sheriff, this is a good excuse to the bailiff of the franchise, and the party shall have his remedy against the sheriff. Dalton. Sheriff. 112.[51]

Old bailiff
and new
bailiff.

If upon a fieri facias against an administrator, the sheriff makes a warrant to the bailiff of a franchise to execute it, and afterward the bailiff is removed, and another bailiff elected, and afterward the old bailiff returns in his own name to the sheriff that the administrator had not any goods preterquam, &c. which is false, and afterward the sheriff makes the return accordingly to the court, yet no action for this false return lies against the old bailiff, for the return ought to be made in the name of the new bailiff, and so the sheriff has accepted a return as of a mere stranger, which is void; and he ought to take conusance of the right ministers of the law, and therefore the old bailiff for this false return is not punishable, but the sheriff. 1 Roll. Abr. 99.

False return
of sheriff.

Upon writ to the sheriff he first made warrant to bailiff of liberty, and after to his own bailiff, who arrested the party and suffered him to escape; and then sheriff returned mandavi ballivo; upon affidavit of fact sheriff was ordered to attend. And agreed action lay against sheriff for false return as non est invent. &c. and his amerciaments were estreated. 12 Mod. 311.