This Branch Oar Lord the Ki d and ordained, That fuch as do fear the
was . .ice of Si: I deliver their Writs 1 'land Judicial in the open
irwaTno County, or in 1 I ttiton of King's Money is i and may
taorchmCa.- take of the Sheriff or L - tnff, beiti t, a Bill, wherein the Names
piatur Billet- of tht Dt ned in the Writ (hall be contained;
wm.andno y ; !u i al < red th Writ the Seal of the Sheriff or
menttothe Undi - : for a Teffimony, and Mention (hall be
Sheriff to re- « the Day of the Deliverance of the Writ. And if the Sheriff or Under-
ethe , l HI not put h to the Bill, theWitnefs of Knights and other
w " tsa "^.. t °< in Prefence, pall be taken, that put their Seals to
but by the 'fuch Bill.
Statute of
a £. 5. 5. [which fee after] the Sheriff and Under-Shcriff are commanded, That they fhall receive the
laid Writs and make a Bill, z Iirft. 4 1.
So as now it is a Contempt in the Sheriff or Under-Sheriff if he make it not ; and in Default of them,
it lhall be alfo a Contempt in the 01 ointed if tl refute. 2 Inft 451,452
In this Special Cafe the Den 1 dant'orrl ill have an JBion againfi tbeihetiffjor not returning
the Writ, whereas regularly fornot returning of a Writ, the Sheriff fhall be ]'
for a Fali'e Return, or tor embezzling of a Writ, an Action docs lie at the Common Lav. ag tinfl the
Sheriff 2 Inft. 452.
And the I 'â– I cr Plaintiff, if he fear the Malice (as this Aft fpeaks') of the SI I â– may
caufe the Sheriff or Under Sheriff ;i be called into the Court, and deliver the Writ to hii :ord,
that he may take the Benefit of this Statute. 2 Inft. 452.
If the Sheriff Jad if the Sheriff will not return Writs delivered unto him, and Complaint
â– 1 '* j -D.T thereof be made to the faff ices, a Writ Judicial pall go unto the Jujlices af-
'.ctnrii 't),J ! l m d to take AJ/ifes, that they pall enquire by fuch as were prefent at the
Writ, the Deliverance of the h rit to the Sheriff', if they knew of the Deliverance, and
Party lhall an hiqiufl fhall be returned: And if tt be found by tl. e Inqmfi, That the \
aadt'him was delivered to him, Damages fhall be awarded to the Plaintiff or Demand-
n make him ant -> having refpefi to the Quality and Quantity of the AcJiou, and to tie
rctum the Peril that might have come to him by reafon of the Delay tl. tained.
I! rit ; quod â–
nota. And this leems to be by Certiorari. Br. Rctorn dc Brief, pi. 74 cites 30 Ail 3 5. The fame
of Outlawry. Ibid.
Bill upon Deceit was brought againfi the Sheriff, where tie Plaintiff fued Exigent againfi 5 in Appeal of
Maihem, which was delivered [to tl \ at H. in the County, and 4 render'd th< i to the fclieriff,
and the %th was outlaw' d, and the Sheriff did not return the Writ Haill laid, That the Sheriff i.
tie If rit to 7 robbed q it by one named in the Ext ;.;rnent &c. And becauic it ap-
peared that the \\ rit was mbezzli d, ai d bj him named in the Exigent, who ought to have been held
in Ward of the Sheriff; andbecaufeir was not done, therefore it was awarded, That the Phi iff reco-
ver 10/. Damages, and tht B ; tt Pri/on till he had made Fast tt tbt King, andGree to tie Party.
Br. Banc, pi. 67. cites 41 All. 11.
If
Return. 205
If the Sheriff tabes a Man by Capias, and does not return the Writ, the Party who was arfefted fliall
have Writ of tfrefpafs, or of * Falfe Iniprifonment, and the other Party Jhail have Recovery alfo. Br. Tref-
bafs pi 137 cites 21 H. 6 5. Per Pafton.
*S P. Per Brian. And Per Keble, This is true ; For the Capias is, Ita quod habeas Corpus ejus hie
&c. Br. Trelpals, pi. 267. cites 5 H. 7. 3. . .
Where the Sheriff /ernes a Fieri facias, and levies the Sum, and does not return the Writ, the Party
may have an ASion of frefpafs againjl him for the Levying. Br. Trefpafs, pi. 211. cues 21 H. 7. 22 Per
M Attachment was delivered to the Sheriff to execute, who did not return the fame ; And upon Affi-
davit of the Delivery, a Day was given to return the Writ upon Pain to be amerced 5 1 Cary's Rep.
109 cites - 1 & 22 Eli' Crompton v. Meredith So upon Affidavit made of the Delivery of art
Extent to the Sheriff, which he hath not returned ; a Day was given to the Sheriff to return the Writ
That
the Party 'hath "a Lofs in not returning the Writ, hemay have an ASion alfo. Ana the Klerks
There were many Precedents that fuch Actions have been brought ; Wherefore, ablente Anderion,
adjornatur. Cro. Eliz. 873 pi- 10. Hill. 44 Eli/.. C. B Clarke's Cafe.
'Tv. as held bv Powell, Powis and Gould aflenung, (Holt Ch. J. ablent) That the Court of B. R. can-
not amerce Bailiffs of Liberties, for not returning of Writs &c. but the Court can make a Rule tor them
to make a Return, and for difobeying that, bring them into Contempt; but Sheriffs, and all that are
Officers of the Cou>-r, the Court can amerce Lately indeed we did amerce the Bailiff ot Weltmmfter;
but that was Wrong. 1 1 Mod. 2-2. pi. 16. Hill. 8 Ann. B. R. Anon.
It was moved for a peremptory Rule upon a Sheriff to return a Writ. The Court faid, That there
Wared fo manifeftan Oppreflion in Sheriffs, by their not executing the Procefs duly as it ought to be,
thar the-v had refolved to erant thefe peremptory Rules •with Cojls ; accordingly they did lo in the prelenc
Ca
appeared lomanireltan v^pprcniou iuouci.ua, »y •■>•>-" "*" -■»â–
that they had refolved to grant thefe peremptory Rules -with Cofts ; a
Cafe. 2 Barnard. Rep. in B. R. SS Hill. 5 Geo. 2 1731. Anon.
And by this Mean there Jh all be Remedy when the Sher if returns that he Jgjggod
tame too late, whereby he could not execute the Kings Commandment. ^^ ±
Sheriff would return a Tarde, which by this Purview is prevented ; and fo it is if the Writ be delivered
rn the Sheriff of Record, as has been faid. 2 luff. 452.
Writ was returned in B.R. that the Plaintiff deliver' d to the Sheriff by Billet according to the Statute of
WellminSler 2. cat. 59- and becaufe the Sheriff re jus' d to put his Seal, others Jut their Seals according to the
ECrEdtta Sheriff return d the Writ 'tarde, and the Plaintiff pray'd Writ to the Jufttces of Affifc
tocnuuire&c. which was enquir'd, and found for the Plainuft, to the Damage of 50 s. and it was re-
turn' 1 in B R and there the Plaintiff recovered his Damages tax'd &c. <9»
cf Office â– and it was faid that the fu/lices of Jff.fe might have given Judgment in Pais upon it ; quod nota.
1 trade Briefs, pi. 7 2. cite; 29 Aff. 5 S'. Br. Othcc & Off pi. 40. cites SI. fays that J udg-
nYenf was given for the Plaintiff to have Damages, but not Double Damages; for it is not within
the Statute.
Oftentimes alfo Pleas be delayed, by Reafon that the Sheriff returns that he Bgjj"*?
has commanded the Bailiffs of jbme Liberty, which * did nothing therein, and ch - ef . That
names Liberties that never had the Return oj U rits. great Delays
arc us'd by
the Falfe Return of Sheriffs in making of Mandates to feigned Liberties, fuppoling them to have Re-
turn of Writs" where in Truth there be no fuch Liberties ; for Redrefs whereof the Remedy follows.
2 * ThisV.hil is to be underffood not only where nothing at all is done,but alfo where the Bailiff of the
Liberty makesan Inefficient Return, for that is Nihil in Law, and therefore a Ison omittas &c. fliall be
thereupon granted ; for, Idem eft nihil, & infufficienter dicere. 2 Inft. 453
Whereupon ourLcrd the King has ordained ** that thefreafurerand Ba- £ *»* *
rons of the Exchequer, /ball deliver to the Jujlices, m a Roll, | all the U- %u Chamtrh
berties in all Shires that have Return oj Writs. that fuch a
Alan has
Return of Writs, yet is not thzt within the Purview of this Aft, for that the Record of the Court of Ex.
c^ZisonTprefiribed bv this Aft ; and therefore a Certiorari may be awarded out of the Chancery to
teZchSJtotbe freafurer, that he bring in the Roll of the Liberties in his Hand to the julhces, before
^Thi^S £d3to/rf fiffiW- Franchife or Seigniory, vhich have Return fWfeg
Jto a Bailiff c.eated Itinerant, (for Example) in the County of S. and to have Return of. all W its
and Execution of the fame bv the Kings Letters Patents ; for fuch a Grant is void ; tor in Effid it takes
«wav th- Office of the Sheriff; and therefore where fuch a Return was made upon a Mandate to fuch
a new-Lnd Sliff! the Cou« was in Purpofe to have punilhcd the Sheriff by this Branch of this Act,
Tanquam exhau-edatorem Domini Regis. 2 Inft. 452.
G o- o* -^
o 9
2o6 Return.
*
Becaufe And if the Sheriff anp&et that he has made Return to a Bailiff' of another
he feigns a Liberty than is contained in the [aid Roll, * the Sheriff' Jkall be forthwith
p ,be "^ f " r { pumped as a Dijkcritcr of our Lord the King and his Crown.
azainft tlic .
Kin" to the Difherifon of the King and of his Crown, forafmuch as no Man can have fuch a Libert*
or Franchife but from the Crown, 2 Inft 452.
± This Punifhment fhall be by Ranfom and Imprifonment 2 Inft 452.
Here i; the And if per advent tire he return that he has delivered the Writ to a Bailiff'
4th Mil- offome Liierty that indeed has Return, the Sheriff Jhail be commanded that
y. he/e there ^ e w '^ " ct fP are f m f ^ e forefaid Liberty, but Jhail execute the King's Pre*-
was indeed a cepts, and f that he do the Bailiffs to wit, to whom he returned the Writ*
Bailiff of a that they be ready at a Day contained in the Writ, to anfwer why they did
I^ibcrty «' ho «£)/■execute the King s Precept. And if they were at the Day, and acquit
Kcturnof tlemfclvcs that no Return was made to them, the Sheriff fhall be forthwith
Writs, yet condemned to the Lord of the fame Liberty, and likewife to the Party grieved
he upon a by the Delay, for to render Damages.
Mandate to
him would do nothing ; Remedy is hereby provided that it fhall be commanded to the Sheriff, Quod
non omittat &c. quin exequatur przeeptum Domini Regis Sec. 2 Inft. 453.
This Br.tnch concerning the Non Omittas, is in Co/if rm.wce of the * Common Lav; ; and therefore Brnc-
ton, wiio wrote before this Statute, treating of this Matter, fays, Et quocafu cum Ballivi nihil inde fe-
cerir.t, propter defectum eorum, prsecipietur Vicecomiti, quod Non omitteret propter Libertatem ta-
lem, quiii &c. 2 Inft. 453. * Thefe Liberties being erected by Grant from the Crown, unlefs
they have been allowed in Evre when fuch Grants have been fhewn, they cannot be pi-eTcribed for ; it
is true the Non omittas is mentioned by BraBcn and Fteta, which makes Lord Coke fuppofe i: was at Com-
mon Law ; but it is to be obferved that there were Sy Items of Law, which, like Britton and Glanvill,
were publifh'd bv Edward the ill. and compo'ed of fuch Cuftoms as had been ufed, and likewife of fuch
Laws as he intended ; but theft of them that related to Baronsge were generally enacted by the 1 ft Sta-
tutes made by their own Content ; therefore after this Statute, if the Sheriff entered into the Franchife
without a Non omittas, he was fhbject to an Action, but the Execution was good, becaufe he had an
ceis went out to levy them, which would have been improper, if fiich Francbife hid been exempt
the County : Hence the Notion came, that the King's Procefs was .1 Non cmitt.is ., becaufe the
Kin? was to levy his Fee-firm from the Bailiwick ; and in the Writs at the Suit of a common Pcri'on, it
is good, the Sheriff being liable to an Action, which is on the Rule Ouod fieri non debet, Factum va-
let, the Money is well levied, though the Sheriff is fubject to make the Lord amends for entering his
Liberiv ; but when there is a Non omittas propter aliquam Libertatem, there by this Statute he is to en-
ter the'Franchife. G.Hift. ofCB. 22, 23.
j- This feemstobs added by this Branch to the Common Law. a Inft. 455
I V
After the And if the Bailiff's come not in at the Day, or do come, and do not acquit
Conqueft the tJ 3em f e ly es in Manner a : ortfdid in every Judicial Writ, jo long as the Plea
( whole pri- hangeth, the Sheriff' Jhail be commanded that he Jhail not j'pare the Liberty Sc.
vatc ]urif-
dictions were then retrench'd, as inconvenient to the Normans) to maintain their Authority within
their Neighbourhood, purchased the Bailiwicks of the Hundreds, fometimes for Years, for Life, in
Fee, at a certain Rate in Fee-farm ; and for this they had the Court-Leet, the Allifts of Bread and
Beer, and the Amerciaments, (viz.) the Fines for the Breach of any of the Articles properly examin-
able in the Leet ; and they likewife had the Return of the Writs ; lb that the Lord appointed his Bai-
liff to execute the King's Writ within his Francbife, and tho' the Sheriff, who is the ordinary Bailiif
of the Crow 11, could not enter the fame, which was a great ( toftruction to the Publick Jufticc, to re-
medy this, Weftm. 2. cap. 29. enacts, That if iiieh Bailiffs give no Anfwer to the Sheriff, the Courj
fhould grant a Special Warrant with a Non omittas, which authoris'd the Sheriff to enter the Fran-
chife, by which it appears that the King's Baililf wis to anfwer the Sum due from the Franchife, yet
they were Bailiffs to the Sheriff, to anfwer the King's Procefs fent from him to them. G. Hift. of
C. B. 21, 22.
This is the Many 'times alfo Sheriff's make * Falfe Returns, as touching thefe Articles
yb Mifchief, 6), lo d de exitii>us f$c. returning fometime, and lying, that there be no IJ lues,
SlwriflT fometime that there are fmall Ij/ues, when they may return great, and fame-
would re- tttnes do make Mention of no Iffties : Wherefore it is ordained and agreed,
turn toofmali that if the Plaintiff' demand Oyer of the Sheriff's Return, it Jhail be grant-
IJmu, in edhim.
which Cafe,
by the Coinmmon Law the Plaintiff could not have an Averment 3gainft the Return of the Sheriff; for
the
Return. 207
the Sheriff is but an Officer to the Court, and has no Day in Court to anfwer to the Party ; but this;:.
remedied in this Cile by this Branch, zlnd.^y^.
* This Branch mentionirg Sheriffs, extended net to tie Bailiffs of Liberties, which is holnen by the St*.
tuteofiE. 3. 2lnrt.4j;.
And if he offtr to aver, that the Sheriff might have returned greater Iffues See (O)— -
Unto the King, he pall have a * Writ judicial unto the Jujlues afjign'd to Ic was raid
take Afflfes, that they pall inquire in Preface of the Sheriff (if he will be b ^ diverfc
there) of what and how great Iffues the Sheriff' might have made Return from Ttetjffer
the Day of the Writ purchafed unto the Day contained in the Writ. this Sratute
ment was given againft the Return of the Sheriff And Brook makes a Quxre, if other Averments are
taken by the Equity hereof; and fays, It teems they are not. Sr. Averment contra ckc. pi 17 cites %
E. 4. 80.
The Plaintiff muft in his Averment allege what the Value of the Iffues be. 1 Inft. 45".
Averment of Trope Petit Iffues lies agaifift the Sheriffs Return of them uiwi a jaw &c. as well as
upon the Partv ckc. Fuv.h. Tit Averment, pi. 45. cites Mich. 1 ! E. a.
^ the Sheriff return'd lilue.s of one Juror t> 10 d. and another to 6 d. and it was pray'd thathemi°fit be
amere'd ; for that he might have return'd Ilf'ues 20 s. It was objected, that this Statute is to be intend-
ed where the Party is delayed by the Return, and to make the Party come into Cbttft, and not as to
making Procefs againft the Juror?, But per Parley, Tho* the Statute does not fay exprelsly, that Aver-
ment fnall be againft the Slieritt where he returns Petit lifues upon a Juror, yet he faid it was made to
cult Delays by Falfe Returns, and the Party is .is much delay' d where he "returns Petit Iffues tipona Juror, as
where he returns Petit Iffues upon the Defendant; arid in B. R. it is the common Courfe to take the Aver-
ment. And Kirton faid it was reafonable that it lhould be the fame in this Court alfo, and commanded
the Clerks to enter the Averment ; for if it be grantable by Law, we will furceafe when our Mafters
come 8cc. FitzJi Tit. Averment, pi. 26" cite* Mich. 2 R. 2 But Lord Coke fays it is holdcn, that
this Act Aocsnot extend to the Return oflffn.es upon Jurors after Iffne join'd. 1 In ft. 455.
In Debt; at the Dating* the Sheriff return'd, that he bad fern to the Bailiff of the Franchife of C. viht
return' 'd Iffues z s. which lifues the Sheriff return d as of his own Return; whereupon a Writ was pray'd
to make the Sherfi come to anfwer, and averr'd that he had Land out of the Franchife, whereof he
might have retum'd Iffues of to /. He-.le ask'd, Why they did not pray a Writ to take the Inqueft en Pais
before the Jut! ices, according to the Stature? To which it was aufwer'd, That the Statute mentions
where the Sheriff returns the Writ himfclf, and as of himiclf, but that this was only the Return of the
Bailiff; but Herle laid that it is the fame if the Sheriff had return'd nothing ; and the Writ was grant-,
ed. Fitzh. Tit. Averment, pi. 48. cites Mich. 19 E. 2. — and Ibid. pi. 49. to the very fame Pu'rpufe,
cites S C.
Qrare fniprdit ; tlie Plaintiff recover'd againft the Biihop, and Dift ringas Epifcopum iffued todifin-
cum'ier the Church, and the Sheriff return'd in Iffues 20 s. and the Plaintiff averr'd, that ho might
haw return'd greater flues, and pray'd Writ to the Justices of Afffe to inquire'-, and had it; and fo it feems
that (he Shcr.lt ought to return all the [jjf.es, which arife upon the Land of the Biff op in this County, between
the v e/i e of the Diftringas and the Return ; for thefe Words {Might have retum'd greater Iffues) cannot ': c
referr'd toother Certainty, but to this. Br. Iffues return'd, pi 4. cites zi E. 3. 30 Fitzh. Tit. Aver-
ment, pi. 47. cites S.C. S. P. 2 Inft 453. The Sheriff ought to return 4n lifues at much as
the Party may perceive from the Day of the Tejte of the Writ till the Return, and the Value of lis Goods w'cu h
he had by the fame fame, except Ee;mtatHram, Apparel and Houjhold- fluff '; and if he does not, he fliall an-
fwer of the Surplufage by this Statute, Per Fitzh. Jaftice, & nullus negavit ; and becaufe the Sheriff
had return'd but 4d. he pray'd to amend his Iffues, and was fuffer'd ; quod nota. Br. Iffues retum'd,
pi. r. cites 27 H. 8 3.
The Sheriff retum'd upon one 40 d. in Iffues, and the Party came, and took Averment that Ifejm be-
tween the Tefte and tie Return he might have return'd 100 s in lifues, the Court bid him fue a Writ to
the Jufticcs of Affife to inquire of it. 20 H. 6. 25. pi. 10.
The Trial of the Averment in this Cafe fhall be by a Jury ; for the Sheriff is fund by Original Writ
for the Falfe Return, and has a Day in Court to plead on jenk. 14^. pi. 9S.
Tho' the Plaintiff may have the Averment of too Petit lilue.s return'd by the Sheriff, yet the Defendant
jba!1 not by thisSt&ute. Fitzh Tit. Averment, pi. 16. cites Pafch. 34H. 6.
A Man mall not have Averment by this Statute againft the Bail ff of the Sheriff, that he might have re-
turn'd greater Iffues, but only againft the Sheriff himfeff &e. Fitz.li. Tit. Averment, pi. 43 . cites Iter
Korth 3 E. 3.
*See the Book of Entries for the Judicial Writ to the Juftices of Affife. a Inft. 453.
And when the Inqueft is returned, if he have not before anfwered for the As if the
whole, he pall be charg'd with Overplus by Ejireats o\ the Jujkces deliver- &herltl «-
ed at the Exchequer, and neverthelefs pall be grtevotijly amen d for the Con- }$jL "U^
cealment. it be found
before the
Juftices of Affife, that the Iffues amounted to 50 s. the Sheriff jhall be charged with 40 s. by this Branch,
and fo after that Rate and Proportion. 2 Inft. 453.,
And
20
8 Return.
•\ this And let the Sheriff know that Rons, Com in the Grange, and all Mow*
B ranch is ah ]f s r exce p Horfe-Harnefs, and Houfhold Stuff) be contained wtthm the
&*& Name of Iffues.
rftl«I^to£2^S^^&^TSS« belonging to his Riding, hi, Apparel, and
5SJJI5S*" SSS^Si TCS and nectary uW it wee pltfn Execute accord-
ing ro the Purview of this Aft. a Inft. 454- 455-
And the King has commanded that Sheriff's pall be punip'd by the JtiJUces
once or twice (if Need be) for fitch Falfe Returns. And ij they offend the
■id Time, none /ball have to do therewith but the King. .„..,„
2 12 Ed 2 cap < Becaufe it is many Times complained in the Kin? s Court
upon Returns, that Bailiffs of Franc hi fes (having full Power to return the
Kim's Writs) have delivered to Sheriffs that have been after c hang d, and
otherwife return* d into the King's Court, to the great Damage of fame of the
Parties, and the Delay of Right,
It is agreed, that of Returns which hereafter /ball be delivered to the Sheriffs
by Bailiffs of Inch Francbifes, an Indenture/*// be made between the Bai-
liff of the Franchife by his proper Name, and the , Sheriff by his proper
Name.
And if any Sheriff change the Return i~o delivered to him by Indenture,
and be thereof convicJ at the Suit of the Lord of the Frauchifi, of whom he re-
ceived the Return, if the Lord have had any Damage, or if his Franchtfeb*
imblemilhed, and at the Suit of the Party that has fu/ainedLofs through that
Occa/ion he Hull be punilhed by the King lor his Falfe Return, and/hall
yield unto the Lord and to the Party Double Damages.
This Statute Alfo it is agreed, Thaffrom henceforth Sheriffs and other Bailiffs that re-
Willi ex- cci J the Kinfs Writs returnable in his Court, pall put their own Names
prdilv, that ih the Returns f that the Court may know of whom they took fuch Re-
£ll put his turns, if Need be. And if any Sheriff or other Bailiff leave out this Name m
Same P to the his Returns, he frail be grievou/ly amere'd to the King s UJe.
L'tTfeeJht was otherwife before. Br. Retorn de Brief, pi. 81. cites 41 Alt z 9 .— Exception jr*
KntES2 m to the Certiorari retum'd out cf the Treafury into the Chancy, & noo Alloca-
is Re u n a d doesnot fpeak of any other Officer ; nota. Br. Return de Briets, pi. 48. cues S
tur
to h
H If l'' Mittimus be return* with F.ne in B R. hy the Treasurer „r.d Baron of tU Exchequer ; this is well,
d£ thef *S£X NaJes to it 1 Contrary it the Sherifi by the Statute. Br. Retorn de Bneft, pi.
fvfht" rSu n\hat r\v s law u lv denuded ; for the Words are Ad Comitarum mcum tentum, &
by the Return that ne was ia v v de ' bv the sheriff, and this Statute only impfes a Penalty upon
proclatnari feci; io as it appearsthat t was ™£%™^ ^ bm that the ^ ^ thereo f is not ».
the Sheriff, if he puts nothu K* ^^^^^f^Srn'd, tins will be Error. Weir, an d
sat aare s dSia^MSS5^wt^- i*« ** We y wl .i bc a d .
vis-d of it. Mo. 65. P l. 1-6. Trin. 6 £1.7.. Anon.
SK^rffcSiJf « ST»*;5w -to the ™, awarded upon it and it was
- ,L x?-?o • tV^c infill that the Sheriff not putting his Name does not make the Return
tned by Nif. Prm* It was .nfifted tint the Jtoiygj^ £ tams , and no W rit remrn'd ; but Cu-
^SS^i&1Sffl^3Sw3
^rffiJtSlitS.^1 been good.bccaufcCorouSui theChambertain otCheftcr - M •*.
-it urn. 2eo
in this Statute, which requires Sheriffs to .put their Names to Returns. .The Common Law required
the Name otOffice to be iubicrib'd, whether it was Sheriff, Coroner, Chamberlain &c. fo at this Day
ihe Sheriff is bound to put his Sirname and Name of Office, but other fVrfbns only their Names of Of-
fice Mo. 548. pi. 7-34. Hi!!. 40 El 17* Serous v. Spencer.. Cro. E. 705. pi. 23. Mich, 41 & 42 Eliz.
B. R. S- C and P. and that the Ven. fac. was return'd by them and their Names, viz. A. and B were
writ and al fo the Word Cfironatores added, which was omitted upon the Habeas Corpora, on which
•was indors'd A. and B. only. It was mov'd not to be Error, because before this Statute tbe Sheriff need
not have put his proper Name nor Name of Office to his Return, and this Statute extends only to the
Sheriffs and Bailiff of Franchifes ; lb the Coroners to this Day are out of the Statute : And at the Com-
mon Law it is well enough, for it v-as not ufual to put the Sheriff's Name to Returns ;' and in Proof
thereof diverle Precedents were fhewnby Agar Deputy-Chamberlain of the Exchequer, many of which
were Writs of Affile, the one was in 5th Ei. 2. Affile againft the Abbot of Abbington and one J. S.
fris Commor-'nc, and in none of the Writs the Sheriff's proper Name or Office was return'd. And up-
on thefe Precedents fnewn the Court conceived it to be. well enough, and no Error ; far when a V\ ric
is returned, it is intended to be by the very Officer of the Court, who ought to do it, which is the
Realbn, that at the Common Law the Sheriff's Name needed not to be put to any Return ; and this
Rea-ibn holds here. But they all held, that if their Names ought to have been here, then it is not aid-
ed by the Statutes 32 H. S. nor 18 Elia. Andthey held, that the Statute of 12 Ed. 2. d' id not extend