case XCVIII e Cr Cr dally pl issue faux judgement tenant mort vouchee mort  terre perde issue perde imprisonment favour vitae a averment against the  sheriff return do not lie at commonlaw e Fitzherbert averment h e the reason  be the sheriff be a swear officer to who the law olive credit upon such  averment the sheriff have no day in court no original depend against he no  issue can be join the statute of west cap aid this case where the sheriff  return too small issue the statute of I e cap give a averment against a false  return of a judgement out of the countycourt or courtbaron the e cap help  where the tenant vouch and the sheriff return the vouchee dead and by the  equity of the say statute where the sheriff return the tenant dead e and also  where upon the sheriff return land or the issue of land be to be lose or the  body imprison or although the writ be not return at all for the party have day  in court upon the roll and the defendant may appear and aver ut above a  averment lie in favour of life against the sheriff return I e dyer at  commonlaw when the sheriff make a false return upon a writ a action may be  bring against he for this falsity and in this action the sheriff return may be  travesed so at commonlaw in a praecipe quod To give back where the sheriff  return the tenant summon when he be not summon the tenant may aver that he be  not summon accord to law for that be not a direct traverse to the sheriff  return so in a assize where the sheriff return the defendant attach the  defendant may aver not attach by fifteen day the trial of these averment shall  be by examination by the judge if it be case of too small issue return so that  the defendant can appear for this cause the justice of assize shall try it by  Westminster cap upon a action bring against the sheriff for the false return  and the trial of the averment in this case shall be by a jury for the sheriff  be sue by original writ for this false return and have a day in court to plead  on in the other case the trial shall be by the judge by examination as shall  seem good to they