[54] This notice is to the effect following, _viz._ _A. B. You are served with this process, to the intent that you may by your attorney appear in his Majestys court of ---- at the return thereof, being the ---- day of ---- in order to your defence in this action._ CHAPTER IX. PLEADINGS. [Sidenote: Creation.] One may be bailiff by a simple grant (_i. e._ by parol) or patent or inheritance, and therefore no need to shew how. _H. 33. H. 6. [3.]_ _Fitz. Monstrauns de faitz, &c._ 93. and _Br. Bailie_. 2. [Sidenote: Patent.] [Sidenote: Duchy.] [Sidenote: Aid of the King.] Where a man justifies distress as the Kings bailiff of his manor, for rent or services arrear, and prays aid of the King, he shall have it without shewing patent how he is made bailiff, for he claims to the use of the King; but where he claims to his own use by the King, there he ought to shew patent; and it was held by the serjeants, that if a man justify as bailiff of the King by reason of his manor which he hath by reason of the duchy of Lancaster, that the defendant shall not have aid of the King before issue joined. _15 H. 7. 17._ _Br. Ayde del roy_, 51. [Sidenote: Corporation.] Bailiffs of a corporation (in avowry for beasts taken _damage feasant_) need not shew how the corporation was incorporated, nor say by their precept, nor need precept be in writing for such a matter as this. _3 Lev._ 107. [Sidenote: Distress.] Bailiff who distrains ought to shew in what right he distrains. _7 H. 4. 28._ _Br. Distresse_, 78. [Sidenote: Distress for amerciament.] To bailiff justifying distress for amerciament, it sufficeth to take conusance of the presentment and no more and _non refert_ as to him, whether it be true or not. _41 Ed. 3. 27._ _24 Ed. 3. 26._ _Cro. Eliz._ 748. Bailiff justifying distress for amerciament, in trespass ought to set out some estreat of the court or warrant from the steward, and justify under that. _1 Salk._ 108. Bailiff justifying distress for amerciament in leet in trespass may plead _presentatum fuit_ without averring the fact, for _non refert_ as to him whether the offence was done or not since there was a presentment: a difference between replevin and trespass; in the first the bailiff is an actor, and is to recover, which shall be upon the merits; in trespass he is only to excuse the wrong. _1 Salk. 107._ _3 Salk. 52._ [Sidenote: Exchequer.] If a man be amerced in the Kings leet, and upon process out of the exchequer the bailiff distrains him for the amercement, and he brings trespass, he ought to bring this action of trespass in the office of pleas of the exchequer, for the bailiff levyed it as officer of this court. _1 Roll. Abr._ 539. and _vide_ _Lane_, 55. [Sidenote: Averment.]