J. S. was taken in execution by _Ca. Sa._ by the bailiffs of a liberty in Suffolk, by warrant of the sheriff of the county. The bailiffs before the return of the _Ca. Sa._ brought him to Westminster in the county of Middlesex, and from thence, at the plaintiffs request, carried him to Lambeth in Surrey, where he remained under their custody till the day of the return of the writ, when they delivered him to the Kings Bench according to the writ; this, by the advice of all the justices, was adjudged no escape; for they thought that in whatever county in the way or out of the way to Westminster, the sheriff detains or brings the prisoner, if it be before the return of the writ it is no escape. _Moore_, 299. _Burton_ [_Boyton_] v. _Andrews_. _3 Rep._ 43. _S. C._ If a bailiff of a manor pays the relief of his master to the lord to whom it is due, he shall be allowed this upon his account, though he had no warrant from his master so to do, because this is a casual thing of common course. (_Contra_, of a thing that is not casual of common course.) _41 E. 3. Account. 33._ [Sidenote: Rescous.] If the Kings bailiff distrain for rent and rescous is made, the bailiff shall have the writ of rescous and not the King. _F. N. B._ 101. If the sheriff send unto the bailiff of the liberty to levy fines and amercements for the King, and the bailiff distrain, and rescous is made, the lord of the liberty shall have a writ of rescous, for the rescous, the battery, and assault, and loss of service, all in one. _F. N. B._ 101. If a man sue forth execution, and hath _capias_ directed to the sheriff to arrest the party, and the sheriff make his warrant to the baily of the Kings liberty to arrest him, and he doth arrest him, and others rescue him from the bailiff, he who sued forth the execution shall have the writ of rescous; but yet it seems reasonable that the bailiff shall have a writ of rescous in such case, for some say he shall be chargeable, &c. _F. N. B._ 101. A warrant was from the sheriff to the bailiff of the 'liberty' of Pomfret, who executed it, and rescue was made, and the bailiff brought the action against the rescuers to recover damages: and it was held that the bailiff may have this action in his own name, to recover damages for this. _Clay._ 149. _Foster_ v. _Legerd_. (_Viner, Rescous. A._ 3.) [Sidenote: Inquest by the sheriff.] If bailiff of franchise return certain names to the sheriff, and the sheriff return other names, though the inquest returned by the sheriff shall be taken, yet bailiff shall have action against him. _30 Ass. p._ 5. _Br. Retorne de briefe_. 73. [Sidenote: Return by _7 & 8 W. 3. c. 32._ § 6.]