Action upon the case is maintainable against the sheriff for making the return of a bailiff who was not bailiff at the time of the return, and who had not executed the writ. Moore, 432.
Rule for the bailiff of the [liberty of the] duchy of Lancaster to return the sheriffs mandate on a fi. fa. discharged, the warrant having been directed to officers of plaintiffs nomination, and not to the officers of the bailiff of the [liberty of the] duchy. Barnes, 416.
Escape from gaoler
of liberty.
An attachment of contempt issued forth against defendant, for not bringing Waldrons body into court, pursuant to a peremptory rule; and defendant having been examined upon interrogatories, it was referred to the prothonotary (as usual) to examine whether he had cleared himself of the contempt, or not. The prothonotary reported the matter specially; and the fact appeared to the court to be, that Waldron being confined in the Gatehouse prison, Westminster, for a criminal matter, was, by leave of a judge, charged there with a bailable action, in the following manner: A capias ad respondendum was directed to the sheriff of Middlesex, who made a mandate to the high bailiff of Westminster, and defendant was charged in custody therewith, and afterwards escaped from the keeper of the Gatehouse, which is the prison for the liberty of Westminster, to which prison the high bailiff is obliged to carry his prisoners within 24 hours after arrest. The high bailiff being called upon for a return of the mandate, returned cepi corpus, and that Waldron remained in the custody of the keeper of the Gatehouse. Both the chief bailiff and the keeper of the Gatehouse are appointed by, and hold their places under, the dean and chapter of Westminster, and both give security to the dean and chapter; but the keeper gives no security to the high bailiff. The Court were of opinion, that the high bailiff had cleared himself of the contempt, and ordered the attachment to be discharged. The high bailiff did every thing in his power to secure the prisoner, and ought not to be criminally punished. Respondeat superior extends to civil matters only. The prosecutor may bring his action for the escape. Barnes, 34.
Escape.
If prisoner taken by a bailiff of a franchise escapes from the bailiff, the sheriff shall not have action upon the case against him, because he is not chargeable ouster, but the bailiff is only chargeable. 1 Roll. Abr. 98.
J. S. was taken in execution by Ca. Sa. by the bailiffs of a liberty in Suffolk, by warrant of the sheriff of the county. The bailiffs before the return of the Ca. Sa. brought him to Westminster in the county of Middlesex, and from thence, at the plaintiffs request, carried him to Lambeth in Surrey, where he remained under their custody till the day of the return of the writ, when they delivered him to the Kings Bench according to the writ; this, by the advice of all the justices, was adjudged no escape; for they thought that in whatever county in the way or out of the way to Westminster, the sheriff detains or brings the prisoner, if it be before the return of the writ it is no escape. Moore, 299. Burton [Boyton] v. Andrews. 3 Rep. 43. S. C.
If a bailiff of a manor pays the relief of his master to the lord to whom it is due, he shall be allowed this upon his account, though he had no warrant from his master so to do, because this is a casual thing of common course. (Contra, of a thing that is not casual of common course.) 41 E. 3. Account. 33.
Rescous.
If the Kings bailiff distrain for rent and rescous is made, the bailiff shall have the writ of rescous and not the King. F. N. B. 101.