_Note_, If any of your defendants live within a liberty where the sheriff may not enter, you must get the sheriff to direct his warrant on your writ to the bailiff of such liberty, who may execute it; but if the bailiff of such liberty do not execute it, then you must at the return of your writ, get the sheriff to return a _mandavi ballivo_ thereon, and thereupon you make out a writ called a _non omittas_, directed to the sheriff, and upon that writ the sheriffs officers may, upon the sheriffs warrant made out thereon, enter and execute the warrant within such liberty. _1 Instructor Clericalis._ 44. And _Note_, The usual practice in such case is if the defendant dwells in the country, to send down a _non omittas_ with the _latitat_ for dispatch. _Ib._ SCAC. E. 1725. _L. Digby_ v. _Meech_ et al. Bill to establish plaintiffs right to the manor, &c. of Sherborn Castleton in the county of Dorset, to Greenwax fines, &c., and also poundage fees on executions and _Retorna Brevium_, &c. by virtue of a grant 14 Jac. 1. The bill was brought against three succeeding sheriffs of the county, and Templeman, who had been the undersheriff for three or four years, and as to him to have an account of what poundage fees, &c. he had received within the liberty: the title set forth by plaintiff was, that King James I. granted to Sir John Digby (after earl of Bristol), from him they descended to George, from him to John earl of Bristol, _and on his death vested in plaintiff_. It was objected at the hearing that here was not a sufficient title set forth, it not appearing how the premises vested in plaintiff, whether by descent, settlement, or how. And _per tot' cur'_ the bill ought to be dismissed for that reason; the bill being to establish a right, as well as for an account; and upon this the cause went off, but plaintiff had liberty to amend his bill. _Hanbury_, 195. [18] In the Kings Bench the sheriff returned _Mand' ballivo' Libertatis de D._ and it was said that he hath not such a franchise, and if it be inrolled in the chancery that A. hath _retorna brevium_, yet if it be not inrolled in the exchequer, as the statute of _W. 2. c. 39._ and if the sheriff return other liberty he shall be punished as a disinheritor of the Crown by such statute, and the justices may send _certiorari_ out of chancery to the treasurer, that he bring the roll of liberties in his hand, and shew it to the justices. _11 E. 4. 4._ _Br. Retorne de briefe._ 98. This Roll of Liberties is supposed to be lost; at least the clerks of the _Treasurers Remembrancers office_, on inquiry there, could give no account of it; any more than the bag-bearer of the _Kings_ could of the "little booke," mentioned by Powell to be in the _Kings Remembrancers office_, "intituled, _Liber de Ball. pro Angl._ of all the bailiwicks throughout England," which he calls "an ancient booke, made _Anno_ 1180."