_Popham_ said, that defendant as bailiff of the manor cannot distrain for amerciament by reason of his office without an especial warrant from the steward or lord, no more than a sheriff may levy amerciaments of _B. R._ without warrant. But _Gawdy_, _e contra_, that he may distrain for lawful amerciaments by reason of the office. _Cro. Eliz._ 698. Bailiff cannot distrain _ex officio_ for amerciaments. _Cro. Eliz._ 748. Bailiff cannot distrain for amerciament by command of the lord of the manor, nor otherwise than by virtue of a precept directed to him by the steward of the court. _Carth._ 75.[33] [Sidenote: Arrest.] Bailiff of a franchise which hath _Retorna Brevium_ cannot arrest a man without warrant to him made by the sheriff upon the writ in his hands. _Keilwey_, 86 _b._[34] [Sidenote: Delivery of prisoner.] Bailiff of a liberty may deliver his prisoner to the sheriff without more circumstance; as he may be discharged by his parol from keeping him any longer. _Cro. Car._ 447.[35] [Sidenote: Process.] Bailiff of a franchise cannot execute a process within his franchise, but by the precept of the sheriff. _29 E. 3. 42._ _Coron._ 462. _2 Hale P. C._ 68.[36] [Sidenote: Writ of inquiry.] Case, judgement by _nil dicit_, writ of inquiry of damages to the sheriff of Norfolk, who returns a _mandavi ballivo_, and sets down an inquisition before bailiff and 40l. damages. Upon writ of error, agreed by all the judges that the return was insufficient, for it was apparently untrue, and against law, because the warrant was directed to the sheriff himself to be executed in any part of the shire, and no venue contained in this inquest of office, as there is in other writs which intitles the bailiffs of liberties. But yet the court would not reverse the judgement, because there were divers of the like both in the K. B. and C. P. especially in Suffolk and Norfolk in later times. _Hobart._ 83. [Sidenote: _Elegit._] Bailiff of a liberty may make an inquisition and extent upon an _Elegit_ by warrant from the sheriff, and shall deliver the moiety, and not the jury. _Cro. Car._ 319. [Sidenote: Bail-bond.] Bailiff of a franchise [under _23 H. 6. c. 9._] has power to take a bail bond, and must take it to himself, and by the name of his office. _Comyns._ 380. Bailiff of a franchise may take bond in sheriffs name. _3 Keble_, 71. 117. 125. [Sidenote: Waiver of franchise.] Baily of hundred[37] may waive his franchise and arrest as sheriffs baily[38]. _3 Keble_, 71. [Sidenote: Capias against two.] Capias or distress against two, sheriff may serve as to one and bailiff as to the other. _31 H. 6. 13._ Where process issues, and the sheriff or bailiff is plaintiff, yet he may serve the process; and the sheriff is not bound to take conusance if the bailiff be plaintiff or not, for it may be another of the same name. _36 H. 6. 1._ _Br. Retorne de Briefe._ 65.[39]