If a warrant out of a _Fieri facias_ to levy a debt at the suit of J. S. be directed to an under-bailiff of a liberty, and he by force thereof levys the debt, and afterwards conceals the writ, nor makes any certificate thereof, an action upon the case lyes against the under-bailiff, because he has made a personal tort. _1 Roll. Abr._ 94. [Sidenote: Non-return of the warrant.] If the bailiff of the franchise arrest the party, and do not return the warrant to the sheriff, action of false imprisonment lyes against him for the party. _Keilwey_, 86, _b._[52] Eyres sued a writ out of _C. B._ _versus_ Smith, directed to the sheriff of York, who sent a warrant to Simpson, the bailiff of the liberty of Pomfret, who did not return the writ [warrant]: upon which he was amerced 50l. (_viz._ time after time) and that was estreated into the exchequer: afterwards Eyres and Smith agreed, and upon producing a certificate from the attorney for the plaintiff that the debt was satisfied, these amerciaments were discharged upon motion to the barons. _Note_, There ought to be a constat of the estreats, and, as the clerks said, the court uses not to discharge the amerciaments, but 'allows' you to compound them. _1 Salk._ 54. Rule made for an attachment of contempt against the bailiff of the liberty of Holderness, in the county of York, for not returning a _mandate_ made by the sheriff, on an attachment of privilege, pursuant to a peremptory rule to return the same within six days notice, without any return of a _mandavi ballivo_, antecedent to the said peremptory rule; on an affidavit of service of that rule, and an affidavit of searching the sheriff's office, after the expiration of the six days, and that the _mandate_ was not returned; all the officers present reporting this to be the practice. _Barnes_, 35. Though by agreement between a bailiff of a franchise and his deputy, the deputy is restrained to serve process beyond such a sum, yet if he serves process of a greater sum without other warrant, and after levies the money, the bailiff shall be chargeable. _Litt._ 33. _Viner, Actions [Case. Disceit.] F. c. 5._ [Sidenote: Escape of felon.] If the bailiff of a franchise that hath a gaol, hath the custody of a felon, he is chargeable for his escape, and not the sheriff or his gaoler. _1 Hale P. C._ 595. [Sidenote: King to have fines on bailiff.] [Sidenote: Amerciaments for insufficient returns.]