_Per Curiam_, where the bailiff makes insufficient return, the sheriff may return _quod nullum dedit responsum_, for an insufficient return is as no return; and in _præcipe_ against two, the bailiff returns the one summoned and the other not, this is no answer, and if the sheriff return this, he shall be amerceo, but by _Vavisour_ if the bailiff make dubious return and the sheriff return it over he shall not be amerced, _quære_. _5 H. 7. 27._ _Br. Retorne de briefe._ 89. In _Præcipe quod reddat_, to the grand capias the sheriff returned _quod mandavi ballivo, libertatis_, who returns that he hath taken the land into the hands of the King, and says nothing that he hath summoned the tenant. _Martin_, another summons with _non omittas_ shall be awarded, and the sheriff shall not be amerced, for the bailiff hath not served the writ; for as much as he had in commandment to do two things, and he has done but one; and so it is as if he had said nothing either of one or the other. _Babb_, a _non omittas_ shall not be awarded but where the bailiff hath not given any return, but here he hath given a return which is not sufficient, and for this he shall be amerced. _T. 4 H. 6. [25.]_ _Fitz. Amercement._ 1. In trespass the sheriff returned the _Capias quod mandavit Ballivo Libertatis, qui sic respondit quod cepit corpus_; but the bailiff does not bring in the body; but the defendant would have answered by attorney, and was not received. And the plaintiff prayed _Sicut alias_ to the sheriff, and _non omittas_. And for that the writ was served he could have nothing but a writ to the sheriff to distrain the bailiff to send the body, &c. _27 E. 3. 7._ [19] This _nihil_ is to be understood, not only where nothing at all is done, but also where the bailiff of the liberty maketh an insufficient return, for that is _nihil_ in law, and therefore a _non omittas_, &c. _2 Inst._ 452. [20] (1.) The King may have liberties by the suppression of abbeys (_32 H. 8._) or by other means. And a liberty shall not be intended to be extinct, unless it be so shewn, but shall be said to be still in _esse_. _Cro. Jac._ 242.