case smith against hall if a defendant in custody upon mesne process tender a  bairbond with sufficient surety to the bail ff and he refuse it a action on  the case will lie against the sher that but trespass for the false  imprisonment will not lie against the officer in a action bring against the  defendant for false imprisonment be justify by virtue of a latilat which the  plaintiff agree in his replication but far set forth that after the arrest and  before the return of the writ he tender sufficient bail which the defendant  refuse and issue be join upon the tender which be find for the plaintiff  Newdigate sergeant move in arrest of judgement first though it be a offence in  the defendant who be the sheriff bailiff to refuse good bail when tender yet  it be not a offence within the statute Henry c because a sheriff bailiff be  not a officer intend in that statute neither will this offence make he a  trespasser ab beginning because modern the take be by lawful process cro car  salmon v Percival a see roll Abr pl Cowp a the defendant as bailiff to the  sheriff be not the proper officer to take bail but the sheriff himself must do  it and therefore a action on the case must lie against the bailiff for not  carry the party before the sheriff in order to put in bail but a action of  false imprisonment will not lie second the action be lie quare v Elizabeth  arms c in Self the plaintiff insullum fecit Elizabeth psum imprisonavit et ul  prisonar a tali loco ad ankle locum adduceba et mitigate contra experience  England el without causan rational per spalium three a day the defendant plead  quoad venire way et arms nor lotan transgression praeler the take and detain  he three day non culp and as to that he plead the latitat warrant and arrest  ut above but the verdict be only against the defendant upon the second issue  and not jug appear to be do upon this and entire damage give it be for that  reason ill north chief justice if the writ and warrant be good then the refuse  bail be a offence within the statute of Henry c and as it be a oppression so  it be a offence also at the commonlaw but a action on the case and not of  false imprisonment lie against the officer for it will be very unreasonable by  the refusal of bail to make the arrest tortuous ab beginning a special action  on the case have therefore be the proper remedy against the sheriff but not  against the officer for a escape will not lie against he but it must be bring  against the sheriff