case gryffyth against Biddle error in a justification to trespass as bailiff  to the steward of a tourn roll ab Jones Bac ab how the keep of a sheriff tear  shall be allege in plead S C Jones Inst Leon cro Elizabeth sand cro James S p  c vent a amercement in a tourn must be by the court and not the jury   Jones  strange hawk p c c S Com dig fitzg bar king b see r v Ritson term Rep b r p  and case in note b amercement in the sheriff tourn must be levy by process  from the session Jones Jones hale Staunf Edward pl Fitzherbert tear hawk p c  trespass for take a bullock and sell it the defendant justify because at a it  be move again and the court be unanimous of opinion that it may be amend post  croak car er p the sheriff tourn hold infra month pasch videlicet that April  car the plaintiff be present for not appear at the say tourn be debt is owed  modus summon and amerce by the jury which be afeard by four of the jury at  forty shilling at the next session of the peace videlicet April it be certify  and ratify by such justice of peace whereupon the steward make a warrant unto  he to levy it and so sell c upon this plea it be demurrer Trotman for the  plaintiff take three exception first because the defendant do not allege that  the tourn be keep infra month post holiday Paschae but infra month Paschae  which may be as well before easter as after and by the Edward c the tourn  ought to be keep infra month post holiday Paschae et post holiday consecrated  michaelis so where the session of the peace be appoint to be keep at one place  et non alibi nisi near plague be keep in another place it be hold void Henry  pl Henry pl Henry pl dyer the second exception because the amercement be  allege to be make by the jury and afeard by four of the juror whereas it ought  always to be assess by the court for it be a judicial act and shall be afeard  by the affeerers appoint old entry new entry the three exception that the  amercement be levy by the defendant as bailiff by warrant from the steward of  the court whereas by the I Edward c it be express appoint that croak car no  fine or amercement in the tourn shall be levy unless it be certify at the next  session of the peace by indenture and enrol there and by process make from the  justice of the peace of the session to the sheriff and none of these  circumstance be here observe wherefore the levy by warrant from the steward be  ill and therefore c all the court be of this opinion and thereupon it be  adjudge for the plaintiff