By _7 & 8 W. 3. c. 32._ § 6. the return to the justices [directed by this act] shall be a good excuse and bar in law for the sheriff, for such summons and returns [as thereby directed]: and if any action or information shall be brought or prosecuted against any sheriff for such return, the said sheriff may plead the general issue, and give this act in evidence; and if the plaintiff be nonsuited, discontinue his action, or if a verdict be given for the defendant, or a _noli prosequi_ be entered in any information, or a verdict pass for the defendant thereupon, the plaintiff or informer shall pay treble costs, to be awarded by the court in which such action or information was prosecuted, and levyed by usual process. _Note_, that although the word _sheriff_ be alone made use of in this clause, yet it seemeth that the bailiff of the franchise shall in such case be intitled to the full benefit thereof. [51] This case is printed by Mr. Dalton as an extract in French, and he refers to _10 H. 6. 37._ But there is no such folio in that year. Mr. Dalton has certainly the appearance of having been a very industrious man, but the most gross inaccuracy is perhaps the least of his faults. He is therefore to be read and quoted (if at all) with great caution. And it might not be amiss if the same caution were extended to Master Kitchin, who deserves the title of an authority little better than Mr. Dalton. CHAPTER VII. OF HIS RESPONSIBILITY AND PUNISHMENT [Sidenote: Omission of name in return.] By _12 E. 2. c. 5._ if any sheriff or other bailiff in his returns leave out his name he shall be grievously amerced to the Kings use. [Sidenote: False returns.] By _1 E. 3. st. 1. c. 5._ against the false return of bailiffs of franchises, which have full return of writs, a man shall have averment, and recover as well against them as against the Kings sheriff, as well of too little issues returned as in other cases, so that it fall not in prejudice of the lords in imblemishment of their franchises. And all the punishment [shall] fall only upon the bailiffs by punishment of their bodies if they have not whereof to answer. An action is maintainable against bailiff of a franchise who makes false return, and not against the sheriff. _Moore_, 432. If the bailiff of a franchise makes a false return to the sheriff, and the sheriff returns it to the court accordingly, an action upon the case lyes against the bailiff, and not against the sheriff, for no default is in him. _1 Roll. Abr._ 98. For the sheriff ought to accept the return of the bailiff if it be sufficient in law, and not to examine the truth of it. _1 Roll. Abr._ 99. [Sidenote: Writ _ad distringendum ballivum_.]