And though the sheriff serve an execution in a franchise, yet it is good.
And the lord of the franchise is driven to his action upon the case
against the sheriff, for the sheriff is immediate officer. _Id._ _Ib._
Where the sheriff makes execution in franchise it is good, for he is
immediate officer to the court; otherwise where bailiff makes execution
in the guildable; and the lord of the franchise in the first case shall
have his remedy for infringing the franchise. _11 H. 4. Br. Execution._
32.
[Sidenote: The King party.]
If the sheriff without _Non Omittas_ serve process within liberty or
franchise that hath return of writs it is good. _11 H. 4. 9._ _20 H. 7.
7._ But the lord of the franchise shall have action upon the case against
him. _Fitz. Nat. bre._ 95.[23] But if the King be party the lord hath no
remedy, for the writ for the King is always _Non Omittas_ in law. _41
lib. Ass._ 17. _Cromp. J. P._ 164.[24]
Where the King is party the _venire facias_ shall make mention of _non
omittas_; for where the King is party the sheriff shall not write to the
bailiff of the franchise, but serve the process himself. _41 Ass._ p. 17.
_Br. Fraunches & Liberties_, 18.
The King hath no other minister than the sheriff, and where the King is a
party no franchise shall be allowed. _Fitz. Chal._ 129.
Where the King is party as against felon or otherwise in action, the
franchise shall not take place, but the sheriff ought to enter the
franchise and serve the process, unless this clause _licet fuerimus pars_
be in the charter, in which case it seems otherwise. _38 Ass._ p. 19.
_Br. Fraunches & Liberties_, 31.
If the King grant _returna omnium brevium_, yet he shall not have return
of the summons of the exchequer. _22 Ass._ p. 49. _Br. Patentes_, 32.
[Sidenote: Arrest by sheriff.]
_Per Glynn_ Ch. J. Mich. 1658; if one be arrested by the sheriff of the
county within a liberty, without a _non omittas_, yet the arrest is good;
for the sheriff is sheriff of the whole county, but the bailiff of the
liberty may have his action against the sheriff for entering his
liberty[25]; but upon a _quo minus_, a sheriff may enter any liberty, and
execute it _impune_. _R. S. L._ 116. _cites_ _Pract. Reg._ 72. _Viner,
Franchises_, (_B._) 6.
[Sidenote: _Non omittas_, _Capias utlagatum_, _Quo minus_.]
The sheriff, upon a _non omittas_, _capias utlagatum_, or _quo minus_,
may enter and make an arrest in any franchise. _L. P. R._ 635. _Viner,
Franchises_, (_B._) 6.
[Sidenote: _Non omittas._]
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