[25] It seems that the sheriff ought to take notice of such a liberty at his peril, without the party shewing his grant to him but merely upon his saying that he hath one, because it is a matter of record. _1 Roll R._ 119. _Town of Derby_ v. _Foxley_. [26] Rule to shew cause why a writ of _non omittas capias ad respondendum_, should not be quashed, discharged. The objection to the writ was, that it recited a mandate to have been issued forth by the sheriff to the bailiff of a liberty without naming what liberty, but leaving a blank for the same. The court held the objection to be valid, and that the proper way to take advantage of the defect is by motion; but it appearing that bail was put in to this writ before a judge, the objection now comes too late. _Barnes._ 416. [27] Where the sheriff serves the process once of a thing local or permanent, as in _Præcipe_ of land and such like, he cannot after return _mandavi ballivo_; but _e contra_ of a thing transitory which may remove. _5 H. 7. 27._ _Br. Ret. de briefe._ 89. Thus in _Alias Summons_ in Dower the sheriff can't return _mandavi ballivo_, for he ought to have made this return upon the first writ, that so the court might have awarded a _non omittas_; but if it relates to matters transitory, then the sheriff may return _mandavi ballivo_ on the issuing of the second process, as on an _alias capias_, for the body might be in the liberty on the issuing of the second process, though it was in the guildable in the first; and therefore the return of the first process does not conclude him from returning the liberty to the second process. _Gilb. Hist. C. P._ 26. [28] _Urlin_ moved to stay proceedings, the process being served within the franchise of Bury St. Edmonds, and not by the proper officer, contrary to the late act of parliament. _Per Cur'_: The act only preserves and saves the jurisdiction of particular liberties. The person injured must bring his action, the court cannot stay proceedings. _Barns._ 404. [29] How far such a practice is consistent with the rights of the lord of the liberty or with the law of the land (and particularly with the act just above recited) is submitted to those whose duty it is to support both. In Yorkshire it is usual for the sheriff to direct the warrant as well to the bailiff of the liberty as to one or more of his own bailiffs, who may take defendant if found _extra libertatem_. This method is unobjectionable, it prevents delay and answers all the purposes of a _non omittas_. BOOK II. Of the BAILIFF of a FRANCHISE or LIBERTY. CHAPTER I. OF HIS QUALITY. The bailiff of a franchise or liberty is he who in a free place, or portion of a county, taken away from the power of the sheriff, executes the business of the sheriff. _Spelman._ [Sidenote: Minister to the King.] The bailiff of the franchise is not minister to the sheriff but to the King. _8 E. 4. 17._ [Sidenote: Officer _per se_.]