By _12 E. 2. c. 5._ Of returns which shall be made to sheriffs by bailiffs of such franchises as have full return of the Kings writs, an indenture shall be made between the bailiff of the franchise by his proper name, and the sheriff by his proper name. And if any sheriff change the return so delivered to him by indenture, and thereof be convicted at the suit of the lord of the franchise, of whom he shall have received such return, if the lord shall have sustained any damage, or his franchise be imblemished, and at the suit of the party who shall have sustained damage by that occasion, he shall be punished on behalf of the King for his false return, and render to the lord and to the party double damages. [Sidenote: Prescription.] Return of writs may be claimed by prescription as appertaining to a manor. But more especially may it be claimed as appertaining to an honour. _Hardres._ 423. [Sidenote: Escheat,] Where a man hath _Retorna Brevium_, which liberty comes to the hands of the King by escheat _vel aliter_, this unity in the King shall not extinguish the liberty. _Keilwey._ 72.[20] [Sidenote: A dangerous liberty!] This liberty of Retorna Brevium (saith C. B. Hale) is a dangerous liberty for him that hath it; for he is to be responsible for all the defaults of his bailiffs, as escapes, &c. And if the bailiff do not account for the collection of the Kings revenue he is responsible for it; 'tis a feather in his cap, but a thorn in his foot. _2 Vent._ 406. [Sidenote: Sheriff.] This liberty though it carries an exemption, yet it doth not exclude, but that the sheriff may execute writs within it. But then it is a wrong for which the lord of the liberty may have his action: but in some cases the sheriff may lawfully do it, as in the case of the King. A _non omittas_, _&c._ in case of execution of a writ of waste, whereto he is particularly empowered by the statute, and sometimes where the thing is divided[21]. (By Hale C. B.) _2 Vent._ 406. [Sidenote: Warrant.] If an action be brought in a county, and the place where, _&c._ is the franchise of another who hath return and execution of writs within the said franchise, yet the writ shall issue to the sheriff, and he ought to make over a warrant to the bailiff of the franchise to execute the same writ; and the writ shall not be directed to the bailiff, &c. for he is not officer to the court. And moreover it shall be intended that all vills in the county are within the power of the sheriff till the contrary be made appear by return of the sheriff. _35 H. 6. 42._ To the sheriff the writ must be directed, though it be for a thing done in a franchise, and he shall send to a [_l._ the] bailiff of the franchise who shall serve it as a servant to the sheriff[22], and the sheriff return it _Finch._ 238. [Sidenote: Service by sheriff.]