In the county of Suffolk are two liberties, one of St. Edmund Bury, and
the other of St. Ethelred of Ely: suppose a _capias_ comes at the suit of
_A._ to the sheriff of Suffolk, to arrest the body of _B._ the sheriff
makes a mandate to the bailiff of the liberty of St. Ethelred, who makes
no answer; in that case the plaintiff shall have a writ of _non omittas_,
and by force thereof he may arrest the defendant within the liberty of
Bury, although no default was in him [_sci._ in the bailiff of that
liberty.] _5 Rep._ 92.
But this is to be understood of the process of the Kings Bench; for
Common Pleas recites the _capias_, the sheriffs return, that he has made
his mandate to the bailiff, who has given no answer, and then gives the
sheriff power to enter the liberty; but in the Kings Bench, on the
sheriffs return on the _Latitat_, the authority is general, _non omittas
propter aliquam libertatem_, which gives the sheriff power to enter not
only that liberty, but all the liberties within the county: And this
seems to be grounded on the words of the _latitat_, (viz.) _latitat_ and
_discurrit_, so that the defendant is supposed to skulk and run from one
place to another; and therefore the _non omittas_ was made general, that
he might not run from one liberty to another. _Gilb. Hist. C. P._ 24.[26]
[Sidenote: Justice of peace.]
A warrant of a justice of peace to arrest for felony may be executed in a
franchise within the county, for it is the Kings suit, in which a _non
omittas_ is virtually included. _2 Hale P. C._ 116.[27]
[Sidenote: Process.]
By _5 G. 2. c. 2._ § 3., in particular franchises and jurisdictions the
proper officer there shall execute such process [i. e. where cause of
action in superior court is under 10l. in inferior court under 40 s.]
[made perpetual by 21 G. II. c. 3.][28]
[Sidenote: Sheriffs deputy.]
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