[35] Bailiff of a liberty arrested the party, and delivered him to the sheriffs deputy, from whom he was rescued, and judgement for the plaintiff. _Burgh_ v. _Appleton, Sheriff of Essex_, cited _Cro. Jac._ 242. See the Pleadings _Declarations in the Upper Bench_, 50. See also c. vi, (pl. 1.) c. ix (fo. 50.) But in _Boothman_ v. _Earl of Surry_, _T. 27 G. 3. B. R._ Defendant being bailiff of the liberty of Hallamshire, in the county of York took his prisoner to York jail and there delivered him into the custody of the sheriff, and upon action of debt brought against him for an escape, judgement for the plaintiff. _N. B._ Neither of the cases in Croke was cited by defendants council. [36] In the _Register_ are divers examples of original writs directed to bailiffs of liberties: as for instance; writs of right patent, writs _de warrantia diei_, writs of trespass, writs of _supersedens_, writs _de cartis reddendis_, writs _de attornato pro custode_, writs _de attornato pro secta facienda_, writs _de statuto_: The duchy court constantly issues writs of _levari facias_ to bailiffs of the duchy liberties; in all these cases the bailiff is immediate officer to the court, and hath nothing to do with the sheriff, contrary to the argument in _Skin._ 413, and _vide_ _F. N. B._ _passim_. [37] This must be understood of a hundred in fee with _retorna brevium_ in the hands of a private person, of which there are several instances; every other bailiff of hundred being a mere servant to the sheriff. And note, that, where a man is _bailiff of fee_ in a county (_i. e._ a bailiff itinerant, who hath the execution only of writs within the county or hundred in fee) the sheriff shall not write to him as to _bailiff of franchise_, and for his act _non omittas_ shall not issue, nor shall he make mention of him in his return. _27 Ass._ p. 65. _Br. Retorne de briefe_, 69. [38] The sheriff of a county made a warrant _ballivis suis_ to arrest the body of such a man, and the bailiffs of the liberty return a rescous; and exception was taken to it, because the warrant was _ballivis suis_, and the return was made by those who were not his bailiffs; and it was adjudged good, for the liberty might be within his bailiwick, and so are all the precedents. _March._ 25. [39] But the defendant himself shall never take advantage of a liberty, as if the bailiff of a liberty be defendant in any action, and process of _Cap'_ or _Feri Fiac'_ comes to the sheriff against him, the sheriff shall execute the process against him; for a liberty is always for the benefit of a stranger to the action. _5 Rep._ 92. CHAPTER V. OF HIS DUTY _i. e._ WHAT HE MUST OR SHALL DO OR NOT DO. [Sidenote: Return of precept.] Baily of a liberty must return his precept [to the sheriff]. _2 Keble_, 838.