case Pilkington against hastings and meacock Hilary term Elizabeth roll a  tender of amends on a distress for damar pheasant can be make to the bailiff  of the avowant and it be too late after impound but if he aver that what he  tender be sufficient he need not specify the damage ante post   Ent b dyer S c  co   Browl hob roll Abr more replevin Hastings avow for damage pheasant in the  place where as in his freehold meacock make conusance as bailiff unto he the  plaintiff say that after the take and before delivery of they videlicet c he  tender to the say meacock two shilling which be sufficient amends for the  damage the which he refuse to accept c and detain his cattle until what time c  and hereupon the defendant demurrer Godfrey for the defendant move that the  plea be not good first because the tender of the amends be not instant upon  the take but after impound which be too late as Henry pl Edward pl second that  the tender of amends to the servant be not good for he have not any authority  ei her to accept or refuse it but it ought to have be make to the master  especial as this case be where the master distrain three because he do not  show to the court what the damage be so as the court may have adjudge whether  there be sufficient amends tender or not but as to this last all the court  resolve that it be not material for have aver that the two shilling tender be  sufficient for the damage this averment be sufficient as to the first all the  court hold that the tender come too late after the impound for be lawful  impound they be in custodid law and the party who distrain have not any  interest in they nor authority to deliver they as to the second they all hold  that the tender to the servant be not sufficient especial the master be  present at the distress but if the servant have only distrain gawdy say that  then the tender unto he may have be more colourable and Popham say that if the  tender have be to the bailiff of the manor it may peradventure have be good  but not to a servant who join in the distress only wherefore it be adjudge for  the avowant but a precedent be cite in this court that the tender of amends  after the impound be good which be Trinity term Elizabeth roll between Bardsey  and Segrave but the court have not much regard thereto because they be resolve  upon the last point that the tender to the servant be not good   a