case else against Yarborough sheriff of Yorkshire the clause of the statute  Henry c which authorize sheriff to discharge prisoner upon reasonable surety  of sufficient person have sufficient within the county be to be construe for  the benefit of sheriff and therefore no action lie for take surety that be  insufficient or do not inhabit within the county but if be do not bring in the  body at the return of the writ or suffer he to go at modern er p large without  authority he be liable to a action S C Freem S C Mod ante post cro Elizabeth  Noy side sand Mod Mod Mod comens ld ray Peer wms hold that a action lie  against the sheriff for take insufficient pledge in replevin Hilary term Geo b  r sir William rouse v Paterson viner Abr c see also cro Elizabeth cro James  roll Abr more ld ray salk Mod term Rep term Rep side Mod salk sand term Rep  action upon the case against a sheriff for a escape the plaintiff declare that  one g be indebt to he in two hundred pound and that the defendant take he upon  a latitat at the plaintiff suit and afterward suffer he to escape the  defendant plead the statute of Henry c and that he let g out upon bail accord  to the say statute and that he have take reasonable surety a and b person have  sufficient within the county the plaintiff reply and traverse without hoc that  the defendant take bail of person have sufficient within the county the  defendant demurrer Skipwith the sheriff be compellable to take bail modern if  he take insufficient bail the course be for the court to amerce the sheriff  and not for the party to have a action upon the case a cro Elizabeth Noy a if  the sheriff take no bail a action lie against he and all action bring upon  this statute be find upon this suggestion b cro Elizabeth more cro James b but  if he take insufficient bail it be at his own peril and no action lie the  sheriff be judge of the bail and the sum be at his discretion c cro James c  and so be the number of the person he may take one two or three as he please d  cro Elizabeth side   l salk impey sheriff d beside the traverse be pregnant  for it imply that the person have sufficient out of the county and the sheriff  be not bind to take bail only of person have sufficient within the county  sergeant barrel contra but the court not agree in their opinion upon the  matter of law it be put off to the next term to be argue Baldwin for the  defendant the sheriff be compellable to let he to bail and be judge of the  sufficiency of the surety the statute be make for the prisoner benefit for the  mischief before be that the sheriff not be compellable to bail he will extort  money from he to be bail and the word sufficient be add in favour of the  sheriff and so be the word within the county the sheriff be not compellable to  assign the bairbond a but now by Ann c S the sheriff at the request and cost  of the plaintiff shall assign the bairbond to the plaintiff by endorse the  same and attest it under his hand and seal in the presence of two or more  credible witness which may be do without any stamp provide the assignment so  endorse be duly stamp before any action be bring thereupon and if the bairbond  be forfeit the plaintiff after such assignment may bring a action thereupon in  his own name and the court give such relief to the plaintiff and defendant in  the original action and to the bail upon the say bind as be agreeable to  justice c a and then if the plaintiff can have the security give by the  defendant for his appearance it be all one to he whether it be good or no  stride contra why must the sheriff always aver that he have take sufficient  surety if their sufficiency be not material why be a action allow to lie if  the sheriff take no surety at all since accord to my brother opinion the party  have no interest in they if the law be as they argue the statute have leave  the plaintiff in a worse condition than he be at the commonlaw for it have  deprive he of the remedy he have before and the amercement belong not to he  but to the king atkins justice the sufficiency of the bail be not material it  be only for the sheriff own security if be take no bail at all a action lie  against he for then he do not act by colour of this law the statute be not  advantageous to modern the modern er p plaintiff at all unless the sheriff let  go the prisoner without take bail and then he must render Triple damage and by  the opinion of the whole court judgement be give for the defendant