_Debt_, to the _capias_ the sheriff returned _non est inventus_, the plaintiff shewed that the sheriff made a precept to the bailiff of the franchise to take the body, who took him and delivered him to the sheriff, which he would aver, _&c._ _Tota curia_, you shall not have this averment against the return of the sheriff. Nor in any case, but too little issues by the statute. _H. 2 H. 4. 14._ _Fitz. Averment_, 17. In case against a bailiff for the false return of _nulla bona_ upon a _fieri facias_, the question was upon the evidence at the trial, whether the bailiff of a liberty shall be concluded in point of evidence by the return of the sheriff? and _per curiam_, he is concluded; and if the sheriff makes any other return than that which the bailiff makes to him, he may have his action against the sheriff; and it was said that Holt, chief justice, was of this opinion. See _36 Hen. 6. 40 [1.]_ _L. Raym._ 184. [Sidenote: Mandate.] Upon a demurrer, Powel said that the plea was naught, because it sets forth a mandate to the bailiff of the liberty, and did not shew that it was under the hand and seal of the sheriff. _2 Vent._ 193. But see _1 Ventris_, 46. that on motion to quash a return of a rescous, because it was _mandavi ballivis_, who took him _virtute warr' præd'_, and it was said, _mandavi_ did not imply that it was in writing, the exception was disallowed by the court.[55] [Sidenote: County.] Where any thing is shewed to be done within a liberty or a franchise, there it is not necessary to shew within what county that liberty or franchise doth lie. _Trin. 23. Car. B. R._ For the franchise hath no relation to the county. _S. P. R._ 404. [55] And quære whether mandate be ever pleaded to be under the _hand_ of the sheriff. _Nota_, that _mandavi_ does not mean, and of course should not be translated, _I have commanded_, but _I have sent to_. The sheriff cannot _command_ the bailiff of the franchise, having no sort of authority over him in any case whatever. APPENDIX. No. I. CAPIAS BILL. _Middlesex._ The sheriff is commanded that he take _A. B._ if he may be found in his bailiwick, and him safely keep, so that he may have his body before the lord the King, on Wednesday next after fifteen days from the day of Easter, to answer _C. D._ gentleman, of a plea of trespass; and also to a bill of the said _C._ against the aforesaid _A._ for one hundred pounds of debt, according to the custom of the court of the said lord the King, before the King himself to be exhibited, and that he have there then this precept. No. II. WARRANT TO THE BAILIFF OF THE LIBERTY. To the bailiff of the liberty [of the Lord the King] [of his duchy of _L._] of _E._