_Debt_, the sheriff returned _Capias, Quod mandavi ballivo, &c. qui respondit quod cepit corpus_, and the person does not come, and the sheriff was amerced [Q. _For what reason?_] and writ awarded _ad distringendum ballivum ad habendum corpus, &c._ _47 E. 3. 25._ _Br. Retorne de briefe._ 24. But yet [In] _Replevin_ [where] the sheriff returned the _Capias, Quod mandavi ballivo, qui mihi respondit quod haberet corpus ejus hic ad hunc diem_, and the body did not come, _non omittas_ was awarded, and not _distringas ballivum ad habendum corpus_. _38 E. 3. 1._ _Br. Retorne de briefe._ 44. _Case_; for that upon a Capias directed to him against J. S. he _made a warrant to a bailiff of a franchise to arrest_ the said J. S. which was done accordingly, and yet the sheriff returned _non est inventus_. Resolved _per tot. cur._ that the action well lay; and Anderson said, that if the sheriff had returned that he had sent to the bailiff of the liberty, who had given this answer, that he had arrested the body, it had been good, and the sheriff had been discharged, and the process should have issued against the bailiff of the liberty to bring in the body. _Cro. Eliz._ 729. [Sidenote: Bailiff plaintiff, hath not the body at the day.] Where sheriff returned _quod mandavi ballivo, &c._ who is plaintiff, if the bailiff returns _quod cepit corpus_ of the defendant, and hath him not at the day, &c. the bailiff shall be amerced, and not the sheriff; and the sheriff is not bound to take conusance if the bailiff be plaintiff or not, for it may be another of the same name. _36 H. 6. 1._ _Br. Retorne de briefe._ 65. [Sidenote: False return for extortion.] _Capias_, the sheriff returned _mandavi ballivo, & quod ipse cepit corpus, sed illud hic habere non potest quia languidus est, &c._ And defendants wife came and said that he is not sick but detained by the bailiff for extortion, and prayed remedy. Whereupon a writ issued to the bailiff to return the body, and to appear; and upon examination it was found that the party was not sick, whereupon the bailiff was committed to the Fleet to make fine, and the writ against the bailiff was _subpoena_ 40l. to appear and bring the body, &c. _11 H. 6. 42._ _Br. Retorne de briefe._ 123. [Sidenote: Escape.] If a writ of execution comes to the sheriff, and he makes mandate to the bailiff of franchise, who takes him, and after suffers him to escape, action lyes against the bailiff of the franchise, and not against the sheriff. _5 E. 4. 1 b. 2._ _Brook, Escape_ 40. _1 Roll. Abr._ 99. _Noy._ 27. _Buller. N. P._ 69. If a man be in prison for execution in a county or in a liberty, the gaoler cannot bring him out of the county or liberty, unless in special case; and if he does it the prisoner may have action of false judgment, unless he has special authority, as by privy seal to be at Westminster, or the like. _30 H. 6. 6._ _Br. Escape_, _pl._ 44.