The touchstone of precedents, relating to judicial proceedings at common law by G.F. of Grayes-Inn, Esquire.

Sheriff, Bailiff, &c.

ALattitat was delivered to the Under-Sheriff, to be executed, the Defen∣dant being in Company with the Under-Sheriff; and the Under-Sheriff lets the De∣fendant go, and returns, non est invent': Whereupon, the Plaintiff brings his Action of the Case, against the Under-Sheriff, setting forth the whole Frand and Falseness of the Under-Sheriff, and Judgment by default. But upon Motion in Court, in Arrest of Judgment, the Action did not lye; for the Sheriff, is the person alone to answer in Court for all Mis∣demeanors

of the Under-Sheriff and Bai∣liffs.

Upon a Fieri Facias, if the Sheriff return, that he hath levyed the Money, and do not pay it to the Plaintiff at the Return of the Writ, the Plaintiff may have a Scire Facias against the Sheriff, to shew cause, where∣fore the Sum levyed, should not be levied of the Goods of the Sheriff.

The Sheriff cannot break open any man's House or Close, upon a Fieri Facias execu∣ting, (and much less the Landlord shall not break open doors to distrein for Rent) but where the King is concern'd (as upon an Ut∣lary) there the Sheriff may justifie the break∣ing open the doors, if he be resited; but he must acquaint them in the House with the Cause of his coming, before he force them open.

If a man be in the hands of the Under-Sheriff, in Execution for Debt, and the Debtee tell the Sheriff, that the Prisoner hath satisfied him, if the Sheriff release not the Prisoner, it is false Imprisonment.

A Bailiff having a Warrant to attach the Goods of a Person, to answer at the Cou••∣ty Court, doth attach the Goods acc••r¦dingly, and after delivers them to the De∣fendant, and takes Bond of him, to appear at the day, or redeliver the Goods to the

Bailiff, this is not within the Statute of 23 H. 6.

A Bailiff of a Liberty cannot execute a Capias Ʋtlegatum, and if the party be in the hands of the Bailiff, the Sheriff may take him, for it is a Non Omittas in it self. Per Curiam. Hill. 13. Ja. in C. B.