So of toll, and of the profits of a common pound. Ibid.
[52] If execution be directed to a sheriff to arrest any man or to make execution within a liberty, and the sheriff directs his warrant to a [l. the] bailiff of the liberty for to make execution of the process, 'who' makes it, and after is a fugitive, and not able to answer for that, the lord of the franchise shall answer for that, and shall be liable to answer for his bailiff by all the justices. 2 Brownlow. 50.
[53] Before this statute, when the return which the bailiff of the franchise made to the sheriff was not sufficient, the court has refused to amerce the bailiff, because he was not minister to the court. T. 20 E. 3. Fitz. Retourne del vicount. 113.
CHAPTER VIII.
OF HIS FEES.
Arrest.
By 23 H. 6. c. 9. sheriffs, undersheriffs, bailiffs of franchises, nor any other bailiff, by occasion or under colour of their office, shall take any other thing of any person by them to be arrested or attached for the omitting of any arrest or attachment, for fine, fee, suit of prison, mainprise, letting to bail, or shewing any ease or favour to any such person, for their reward or profit, but such as follow, viz. For the sheriff, 20d.; the bailiff which maketh the arrest or attachment, 4d.; and the gaoler, if the prisoner be committed to his ward, 4d.; nor for the making of any return or panel, and for the copy of any panel, but 4d. (Penalty treble damages and 40l.)
Extent or execution.
By 29 Eliz. c. 4. it shall not be lawful to or for any sheriff, undersheriff, bailiff of franchises or liberties, nor for any of their officers, ministers, servants, bailiffs or deputies, by reason or colour of their office or offices, to have, receive or take of any person or persons whatsoever directly or indirectly for the serving and executing of any extent or execution, upon the body, lands, goods or chattels of any person or persons whatsoever, more or other consideration or recompence than 12d. for every 20s. where the sum exceedeth not 100l. and 6d. for every 20s. being over and above the said sum of 100l. that he or they shall so levy or extend, and deliver in execution, or take the body in execution for, by virtue and force of any such extent or execution, upon pain to lose and forfeit to the party grieved his treble damages, and to forfeit the sum of 40l. (half to the Queen and half to the informer or plaintiff.)
The bailie of the franchise on 29 Eliz. cap. 4. takes all execution fees. 3 Keble. 71.
Habere facias
possessionem
aut seisinam.