case the queen against wiat a constable may be indict for unlawful obstinate  and contemptuous neglect and refuse to make a return of what he have do under  a warrant of distress direct to he on a conviction on a penal statute S c ld  ray S c salk S c fort on a information in the county of Sussex several person  be convict for kill and be aid and assist to kill deer and a warrant be make  to levy the penalty by a distress which warrant by a clause in it be to be  return the warrant be deliver to the defendant who levy the money but make no  return of the warrant for which offence the defendant be indict and the  indictment be remove here by certiorari sir James Montague for the defendant  say that the not return the warrant be not a offence criminal to be indict  upon and find the money to be levy make for the defendant he except that there  ought to have be a time and place when and where he shall have return this  warrant to they for he be not bind to travel over modern report England to  find they again his warrant be his justification and indemnity in case he  shall be sue for a trespass Mr sergeant Broderick contra by the very frame and  design of the Act of parliament it be the duty of the constable to make a  return of his warrant he say how can the justice know how to distribute the  poor part unless it be return modern report er p to the justice what money be  levy the constable be in this case make a public officer and it be a  misbehaviour of he in answer to the objection of travel over England to find  they he say justice be always suppose resident within their own county but by  holt chief justice there be a difference between return the warrant itself and  return what he have do the not fix a time when and place where be no fault for  he shall have do it forthwith and anywhere within the county suffice Powell  justice the return be necessary because he may levy only part and then further  process shall go out for if the whole can be levy then the justice must go  upon another part of the Act and per totan curian it be a offence indictable  for not return what he have do holt chief justice say if a man be under three  conviction and his good be sufficient to answer two of they the money shall be  pay and he shall stand in the pillory for the three but on one conviction if  he want but two shilling in the whole the justice can take it but be must be  imprison and stand in the pillory for it afterward air that the conviction be  nought for that it be not set forth that the examination and oath be within  the jurisdiction of the justice he object that he be indict for not return the  very warrant itself which be say he ought to keep for his own indemnity Mr  attorney as to the objection say that it be in the indictment that he be debt  is owed modus convict judgement be stay till the first day of next term for  the resolution of the court when judgement be give against the defendant holt  chief justice differ not but that he say it be a offence but he say in all  process there ought to be a place and a time for the return