By 12 E. 2. c. 5. if any sheriff or other bailiff in his returns leave out his name he shall be grievously amerced to the Kings use.
False returns.
By 1 E. 3. st. 1. c. 5. against the false return of bailiffs of franchises, which have full return of writs, a man shall have averment, and recover as well against them as against the Kings sheriff, as well of too little issues returned as in other cases, so that it fall not in prejudice of the lords in imblemishment of their franchises. And all the punishment [shall] fall only upon the bailiffs by punishment of their bodies if they have not whereof to answer.
An action is maintainable against bailiff of a franchise who makes false return, and not against the sheriff. Moore, 432.
If the bailiff of a franchise makes a false return to the sheriff, and the sheriff returns it to the court accordingly, an action upon the case lyes against the bailiff, and not against the sheriff, for no default is in him. 1 Roll. Abr. 98. For the sheriff ought to accept the return of the bailiff if it be sufficient in law, and not to examine the truth of it. 1 Roll. Abr. 99.
Writ ad
distringendum
ballivum.
Debt, the sheriff returned Capias, Quod mandavi ballivo, &c. qui respondit quod cepit corpus, and the person does not come, and the sheriff was amerced [Q. For what reason?] and writ awarded ad distringendum ballivum ad habendum corpus, &c. 47 E. 3. 25. Br. Retorne de briefe. 24. But yet
[In] Replevin [where] the sheriff returned the Capias, Quod mandavi ballivo, qui mihi respondit quod haberet corpus ejus hic ad hunc diem, and the body did not come, non omittas was awarded, and not distringas ballivum ad habendum corpus. 38 E. 3. 1. Br. Retorne de briefe. 44.
Case; for that upon a Capias directed to him against J. S. he made a warrant to a bailiff of a franchise to arrest the said J. S. which was done accordingly, and yet the sheriff returned non est inventus. Resolved per tot. cur. that the action well lay; and Anderson said, that if the sheriff had returned that he had sent to the bailiff of the liberty, who had given this answer, that he had arrested the body, it had been good, and the sheriff had been discharged, and the process should have issued against the bailiff of the liberty to bring in the body. Cro. Eliz. 729.
Bailiff plaintiff,
hath not the
body at the day.