Bailiff justifying distress for amerciament in leet in trespass may plead presentatum fuit without averring the fact, for non refert as to him whether the offence was done or not since there was a presentment: a difference between replevin and trespass; in the first the bailiff is an actor, and is to recover, which shall be upon the merits; in trespass he is only to excuse the wrong. 1 Salk. 107. 3 Salk. 52.
Exchequer.
If a man be amerced in the Kings leet, and upon process out of the exchequer the bailiff distrains him for the amercement, and he brings trespass, he ought to bring this action of trespass in the office of pleas of the exchequer, for the bailiff levyed it as officer of this court. 1 Roll. Abr. 539. and vide Lane, 55.
Averment.
If bailiff do any thing which touches his bailiwick, as payment of rents and such like, which are due in right of the manor, it is reasonable that he should have the averment, but of a thing which doth not touch his bailiwick it is not reasonable that he should have the averment without warrantry. 42 E. 3. 6. Br. Accompt. 26.
Where bailiff of franchise [under 23 H. 6. c. 9.] takes bailbond, to himself, by the name of his office, sufficient in pleading to shew generally that he is such a person as had authority to take bail. Comyns, 380.
Debt upon bond by the plaintiff who was chief bailiff of the liberty of Pontefract in Yorkshire, but he did not declare as capital' ballivus, but yet by the whole court it was held good; for otherwise the defendant might have craved oyer, and have [had] it entered in hæc verba, and then have pleaded the statute of 23 H. 6. that it was taken colore officii, but now it shall be intended good upon the demurrer to the declaration. And Ellis, J. said, that so it was lately resolved in this court in the case of one Conquest. And judgement was given for the plaintiff. 2 Mod. 36.
Inferior court.
Bailiff of an inferior court the process whereof he executes, must shew the jurisdiction of that court in pleadings. 1 Keble, 53.
Trial.