[47] By _4 G. 2. c. 7._ all leaseholders in the county of _Middlesex_, upon leases where the improved value shall amount to 50l. or upward _per annum_, over and above all ground rents or other reservations, shall be liable and obliged to serve upon juries. [48] That this statute was made in a parliamentary council at _Westminster_, in the _forty-third_ year of this King, and not at _Marleberge_, in the _fifty-second_, is proved by Mr. Prynne in his _Animadversions_ on _4 Inst._ p. 190. [49] And so it is if he that distrain chase the distress into any other house, park or other place of strength. _2 Inst._ 193. [50] _Note_, every man is bound by the common law to assist not only the sheriff in his office for the execution of the Kings writs, but also his baily that hath the sheriffs warrant, &c. and if they do it not, being required they shall be fined and imprisoned. _2 Inst._ 195. CHAPTER VI. OF HIS INDEMNITY AND PROTECTION. [Sidenote: Arrest, and non-return of writ.] If the sheriff command the bailiff of the franchise, who arrests the defendant and sends him to the sheriff, if the sheriff return no writ, the bailiff shall not be charged, for the arrest of the bailiff of the franchise was lawful, and it shall be against reason that the non-return of the sheriff should prejudice him. _8 E. 4. 17._ And see also _21 H. 7. 22._ _Keilwey_ 87. 89. [Sidenote: Mandate.] If the sheriff write to a bailiff of franchise in such form, _Ballivo libertatis, &c. salutem, mandatum Domini regis recepi in hæc verba_, and rehearse how the King commands by writ to take the body of such a one, where no writ comes to the sheriff, this is a good excuse to the bailiff of the franchise, and the party shall have his remedy against the sheriff. _Dalton. Sheriff._ 112.[51] [Sidenote: Old bailiff and new bailiff.] If upon a _fieri facias_ against an administrator, the sheriff makes a warrant to the bailiff of a franchise to execute it, and afterward the bailiff is removed, and another bailiff elected, and afterward the old bailiff returns in his own name to the sheriff that the administrator had not any goods _preterquam_, &c. which is false, and afterward the sheriff makes the return accordingly to the court, yet no action for this false return lies against the old bailiff, for the return ought to be made in the name of the new bailiff, and so the sheriff has accepted a return as of a mere stranger, which is void; and he ought to take conusance of the right ministers of the law, and therefore the old bailiff for this false return is not punishable, but the sheriff. _1 Roll. Abr._ 99. [Sidenote: False return of sheriff.]