Laicock's case

concurred. But there is a distinction to be taken: for the sheriff shall not be imprisoned for the act of the under-sheriff; nor does an indictment lie against him for the act of his deputy. But for all matters of damage to the party, he shall answer to the subjects of the King, and not the under-sheriff.

The sheriff and not the under-sheriff, shall be charged, for it is a misdemeanor in office, and the sheriff is the only officer of this court. Adjournatur.

It lies against the sheriff, and not against the under-sheriff, for the sheriff is an officer of the court, and the under-sheriff is not, although he be allowed, by different statutes. For every default in the execution of the office, although it be by the neglect or fraud of the under-sheriff, the sheriff shall be amerced here and in the Exchequer.