Upon writ to the sheriff he first made warrant to bailiff of liberty, and after to his own bailiff, who arrested the party and suffered him to escape; and then sheriff returned _mandavi ballivo_; upon affidavit of fact sheriff was ordered to attend. And agreed action lay against sheriff for false return as _non est invent._ _&c._ and his amerciaments were estreated. _12 Mod._ 311. Action upon the case is maintainable against the sheriff for making the return of a bailiff who was not bailiff at the time of the return, and who had not executed the writ. _Moore_, 432. Rule for the bailiff of the [liberty of the] duchy of Lancaster to return the sheriffs mandate on a _fi. fa._ discharged, the warrant having been directed to officers of plaintiffs nomination, and not to the officers of the bailiff of the [liberty of the] duchy. _Barnes_, 416. [Sidenote: Escape from gaoler of liberty.] An attachment of contempt issued forth against defendant, for not bringing Waldrons body into court, pursuant to a peremptory rule; and defendant having been examined upon interrogatories, it was referred to the prothonotary (as usual) to examine whether he had cleared himself of the contempt, or not. The prothonotary reported the matter specially; and the fact appeared to the court to be, that Waldron being confined in the Gatehouse prison, Westminster, for a criminal matter, was, by leave of a judge, charged there with a bailable action, in the following manner: A _capias ad respondendum_ was directed to the sheriff of Middlesex, who made a _mandate_ to the high bailiff of Westminster, and defendant was charged in custody therewith, and afterwards escaped from the keeper of the Gatehouse, which is the prison for the liberty of Westminster, to which prison the high bailiff is obliged to carry his prisoners within 24 hours after arrest. The high bailiff being called upon for a return of the _mandate_, returned _cepi corpus_, and that Waldron remained in the custody of the keeper of the Gatehouse. Both the chief bailiff and the keeper of the Gatehouse are appointed by, and hold their places under, the dean and chapter of Westminster, and both give security to the dean and chapter; but the keeper gives no security to the high bailiff. The Court were of opinion, that the high bailiff had cleared himself of the contempt, and ordered the attachment to be discharged. The high bailiff did every thing in his power to secure the prisoner, and ought not to be criminally punished. _Respondeat superior_ extends to civil matters only. The prosecutor may bring his action for the escape. _Barnes_, 34. [Sidenote: Escape.] If prisoner taken by a bailiff of a franchise escapes from the bailiff, the sheriff shall not have action upon the case against him, because he is not chargeable _ouster_, but the bailiff is only chargeable. _1 Roll. Abr._ 98.