Where the sheriff returned capias _quod mandavi ballivo de D. qui
respondit quod cepit corpus, &c._ and hath not the body at the day, the
bailiff is bound to bring in the body, and not the sheriff, by _Hill_;
but by _Hank_ he ought to deliver it to the sheriff, and he to bring it
in as officer immediate, as upon _fieri facias_ the sheriff commands the
bailiff to levy the money, he delivers it to the sheriff, so that the
sheriff may have it at the day: _contra_ _Thirn_, and agreed with _Hill_.
_11 H. 4. 48_ _Br. Retorne de Briefe_, 35[40].
[Sidenote: Bail.]
By _W. 1. (3 E. 1.) c. 15._, such as be indicted of larceny, by inquests
taken before sheriffs or bailiffs by their office, or of light suspicion,
or for petty larceny which amounteth not above the value of 12d. if they
be not guilty of other larceny before that time, or guilty of the receit
of felons or of commandment or of force, or of aid of felony done, or
guilty of some other trespass for which a man ought not to lose life or
member, and a man appealed by the prover after the death of the prover,
if they be not known common thieves, shall be let out by sufficient
surety, whereof the sheriff will be answerable. And if sheriffs or others
let go upon surety any that is not replevisable, if he be sheriff,
constable, or other bailiff of fee, and who hath keeping of prisons, and
thereof be attainted, he shall lose his fee and bailiwick for ever. And
if undersheriff, &c. do it contrary to the will of his lord, he shall be
imprisoned three years, and be fined at the Kings pleasure. And if any
withhold prisoners replevisable after the prisoner hath offered
sufficient surety he shall be in the grievous mercy of the King; and if
he take reward for delivering him he shall render double to the prisoner,
and moreover shall be in the grievous mercy of the King.
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