By the same bailiff.
No. V.
Form of an indenture of return between the bailiff of a liberty and the sheriff, according to the statute of York[56].
This indenture made, &c. between J. K. esquire, bailiff of the liberty of the lord the King of E. in the county of M. of the one part, and F. G. and H. I. esquires, sheriff of the said county, of the other part, witnesseth, that the said bailiff hath certified and returned unto the said sheriff, that by virtue of a certain warrant in writing under the seal of the said sheriff to him the said bailiff directed, he the said bailiff hath taken the body of G. H. gentleman, which he will have ready before the lord the King at Westminster, at the day therein contained. Or thus: which he hath delivered to the said sheriff. Or thus: that G. H. gentleman, whom the said bailiff was lately, by a certain warrant in writing, under the seal of the said sheriff, to him the said bailiff directed, commanded by the said sheriff to arrest, is not found in his bailiwick. (And so of other returns). In witness, &c.
No. VI.
SHERIFFS RETURN.
By virtue of this writ to me directed, I have commanded J. K. esquire, bailiff of the liberty [of the lord the King] of E. in the county of Middlesex, who hath the full return of all writs, and the execution thereof within the liberty aforesaid, and to whom the execution of this writ doth wholly belong to be done, for that no execution in any other place in my bailiwick out of the said liberty could be made, which said bailiff answereth that he hath taken the body of the within named A. B. which he hath ready at the time and place within mentioned. Or thus: that the within named A. B. is not found in his bailiwick. Or thus: who hath given me no answer.
No. VII.
NON OMITTAS.
George the third, by the grace of God, of Great Britain, France and Ireland, King, defender of the faith, and so forth. To the sheriff of Middlesex, greeting: We command you that you omit not by reason of any liberty of your county, but that you take A. B. if he may be found in your bailiwick, and him safely keep, so that you may have his body before us on —— next after five weeks of Easter, to answer C. D. gentleman, of a plea of trespass and also to a bill of the said C. against the aforesaid A. for one hundred pounds of debt, according to the custom of our court, before us to be exhibited, and have you then there this writ. Witness, Lloyd Lord Kenyon at Westminster, the —— day of —— in the 29th year of our reign.
[56] The 'compiler' not finding an example of this indenture in any book, has been tempted to frame something resembling what he conceives it has been. It is, however, more for curiosity than use, as the bailiff seems completely deprived of the benefit of the statute by the modern stamp acts. The effect may nevertheless be attained by a simple memorandum as follows: BE IT REMEMBERED, that J. K. esquire, bailiff &c. hath certifyed and returned unto F. G. and H. I. sheriff, &c. that by virtue, &c. Witness the hands of the said bailiff and sheriff, the —— day of —— 1790.
FINIS.