case the king against Chaloner if a person be convict on a penal statute which  direct the penalty to be levy by distress or for default the offender to be  commit and the justice direct his warrant of distress to all constable c to  which a constable of a parish in which the offender do not inhabit return that  he have nothing within that parish the justice can thereupon commit he for non  constat but be may have good elsewhere S c side S c lev S c holt S c salk S c  ld ray S c Mod S c Carth Chaloner be convict upon the statute of will mary c  of deerstealing upon a information exhibit against he before a justice of the  peace for kill several fallow deer c contra form slat by which he have forfeit  thirty pound for each offence upon nonpayment a warrant be issue against he  direct to all constable of the county to have the money levy by distress the  constable of dale which appear to be another parish than that where Chaloner  be a inhabitant return that he have nothing in dale or any where else in the  county whereupon the justice commit he to prison for a year and to stand on  the pillory all this appear on habeas corpus eyres move to have he discharge  for the foundation of the commitment be his have not wherewithal to satisfy  the several thirty pound in the same county a see Mr sergeant Runningtons  legal remedy by ejectment a see will c the Geo c and hawk p c that edit ch S  notorious facts where all the case upon the subject be collect modern report  er p and that be to be make apparent by a warrant to levy the same which if  illegal award or execute the commitment be illegal and all that show want of  distress here be the return of the modern report constable of dale that he  bath no distress in his parish or in the county a matter not lie in his  knowledge far than within his own parish another exception be that the  conviction be on the eight at which time he may have sufficient whereupon to  levy the penalty and the warrant not make till several day after and by the  statute he be not committable but for want of distress immediate after the  conviction and therefore the warrant ought to be make immediate upon  conviction therefore this warrant be illegal and it be agree per totan curium  that he be not to be imprison but upon failure of payment and distress sir  Bartholomew shower and Northey contra there be no way for justice to know the  want of distress but this they can direct their warrant to the sheriff who be  the universal officer of the county because be be no officer to execute a  warrant but their proper officer be a constable and the warrant be direct to  all constable and deliver to one it be the same thing as if it be deliver to  every one of they in particular and the justice can inquire by jury as a  sheriff may whether the offender have distress or riot so there be no other  way but this which have be take a constable indeed be not compellable to  execute a warrant out of his will but may lawful do it if be please and shall  upon not guilty in false imprisonment give such a warrant in evidence and if a  inhabitant of Clerkenwell commit a felony in Islington it be a good exception  to a indictment against he that he of Islington c in the county of Middlesex  do c the case of Egerton v Morgan or if that be against we it will be well  enough this way all the statute require be that justice of peace may make his  warrant to levy c by distress and so any man to who such a warrant be direct  may execute it and be a good officer to that purpose and so this warrant shall  be take to be make to this constable not quatenus constable but quatenus a  special officer for that purpose and if he make a false return they have their  remedy against he by action and can it be imagine they shall stay for a return  from every constable in the county for the statute empower to detain the  offender for two day that in the mean time they shall know whether he have  distress which show it must not appear by warrant and return thereof from  every constable in the county for that be not practicable in so short a time  and this be a penalty it lie upon the offender to exempt himself thereof by  show where he have a distress modern report holt chief justice your commitment  be not pursuant to the statute for that be indeed that there shall be a  warrant make by the justice to levy the money by distress and a return thereof  make but not that if it shall be return that he have no distress that  thereupon he shall commit he and here the commitment be a judgement and  therefore you ought to be satisfy that he have no distress and make a record  thereof and say forasmuch as it do appear unto I that he have no distress I do  hereby c a for what authority have the constable of dale to return that he  have no distress in the county at large No doubt a warrant to all constable be  a warrant to every particular constable and every one of they be bind to  execute it in his particular jurisdiction and when a warrant be direct to a  constable by name of a constable it must be intend to be direct to he as  constable gold justice seem to incline that if this have be a warrant direct  to the constable of the will where the offender live and he have return that  he have nothing in the will it will have be well but the prisoner upon this  exception be discharge a see dr Bonhams case   S c brown S c Hugh Ent modern  report er p