Cary bailiff of Westminster v. Buckhurst for entering his liberty and executing a fi. fa. Demurrer that it doth not appear how plaintiff was seized of the office. Judgement for plaintiff, inquiry of damages to 49l. Affirmed in error. Upon a trial the right must have been proved if the defendant had taken issue, and no inconvenience in this form of declaring. 1 Show, 17. Comb. 31. S. C.
Tort.
Where a bailiff is charged directly with a tort, it ought to be shewn that he is bailiff of a liberty, who has Returna Brevium. Comyns, 379.
Declaration v. bailiff.
Declaration against bailiff of Westminster, because plaintiff doth not say of what liberty he is bailiff, and whether he hath execution and return, bad; because otherwise no colour to charge him, and therefore ought to be specially shewn. Cro. Car. 330.
Pernor.
Quo warranto.
Against a pernor the plaintiff need not shew how he claims the privilege of return of writs; but in a quo warranto where the defendant must make a title he ought to shew it. Hardres, 423.
Return of the writ.
Bailiff of a liberty in justification need not shew the return of the writ. Cro. Car. 447.
Sheriffs return.