bailiff

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Bailiff

An individual who is entrusted with some authority, care, guardianship, or jurisdiction over designated persons or property. One who acts in a managerial or ministerial capacity or takes care of land, goods, and chattels of another in order to make the best profit for the owner. A minor officer of a court serving primarily as a messenger or usher. A low-level court official or sheriff's deputy whose duty is to preserve and protect orderly conduct in court proceedings.

bailiff

n. 1) a court official, usually a deputy sheriff, who keeps order in the courtroom and handles various errands for the judge and clerk. 2) in some jurisdictions, a person appointed by the court to handle the affairs of an incompetent person or to be a "keeper" of goods or money pending further order of the court. "Bailiff" has its origin in Old French and Middle English for custodian, and in the middle ages was a significant position in the English court system. The word "bailiwick" originally meant the jurisdictional territory of a bailiff.

See: marshal

bailiff

1 a person employed by the court to seize property in satisfaction of a court order and to ensure the due service of documents.
2 (US) an official having custody of prisoners appearing in court.
3 the Chief Magistrate, President and first citizen of both the bailiwicks - Jersey and Guernsey.

BAILIFF, account render. A bailiff is a person who has, by delivery, the custody and administration of lands or goods for the benefit of the owner or bailor, and is liable to render an account thereof. Co. Lit. 271; 2 Leon. 245; 1 Mall . Ent. 65. The word is derived from the old French word bailler, to bail, that is, to deliver. Originally, the word implied the delivery of real estate, as of land, woods, a house, a part of the fish in a pond; Owen, 20; 2 Leon. 194; Keilw. 114 a, b; 37 Ed. III. 7; 10 H. VII. 7, 30; but was afterwards extended to goods and chattels. Every bailiff is a ,receiver, but every receiver is not a bailiff. Hence it is a good plea that the defendant never was receiver, but as bailiff. 18 Ed. III. 16. See Cro. Eliz. 82-3; 2 Anders. 62-3, 96-7 F. N. B. 134 F; 8 Co. 48 a, b.
     2. From a bailiff is required administration, care, management, skill. He is, therefore, entitled to allowance for the expense of administration, and for all things done in his office, according to his own judgment, without the special direction of his principal, and also for casual things done in the common course of business: 1 Mall. Ent. 65, (4) 11; 1 Rolle, Ab. 125, 1, 7; Co. Lit. 89 a; Com. Dig. E 12 Bro. Ab. Acc. 18 Lucas, Rep. 23 but not for things foreign to his office. Bro. Ab. Acc .26, 88; Plowd. 282b, 14; Com. Dig. Acc. E13; Co. Lit. 172; 1 Mall. Ent. 65, (4) 4. Whereas, a mere receiver, or a receiver who is not also a bailiff, is not entitled to allowance for any expenses. Bro. Ab. Acc. 18; 1 Mall. Ent. 66, (4) 10; 1 Roll. Ab. 118; Com. Dig. E 13; 1 Dall. 340.
     3. A bailiff may appear and plead for his principal in an assize; " and his plea com- @mences " thus, " J. S., bailiff of T. N., comes " &c., not " T. N., by his bailiff, J. S., comes," &c. 2 Inst. 415; Keilw. 117 b. As to what matters he may plead, see 2 Inst. 414.

BAILIFF, office. Magistrates who for @merly administered justice in the parliaments or courts of France, answering to the English sheriffs as mentioned by Bracton. There are still bailiffs of particular towns in England as the bailiff of Dover Castle, &c., otherwise bailiffs are now only officers or stewards, &c. as Bailiffs of liberties, appointed by every lord within his liberty, to serve writs, &c. Bailiff errent or itinerant, appointed to go about the country for the same purpose. Sheriff 's bailies, sheriff's officers to execute writs; these are also called bound bailiffs because they are usually bound in a bond to the sheriff for the due execution of their office. Bailiffs of court baron, to summon the court, &c. Bailiffs of husbandry, appointed by private persons to collect their rents and manage their estates. Water bailiffs, officers in port towns for searching ships, gathering tolls, &c. Bac. Ab. h. t.

References in periodicals archive ?
Today, bailiffs perform such a check before deciding whether to institute enforcement proceedings and on a regular basis.
Rawalpindi -- After four years of court battle, a local landlord got possession of his 110 kanals of land located at Adiala Road on Wednesday through court bailiff.
The use of bailiffs is seen as at odds with "the whole point of councils, which is to help people".
1 Bailiffs should give advanced notice if they want to call.
Figures uncovered by the Money Advice Trust found bailiffs collected debts on 16,495 occasions.
The council has been criticised for using heavy-handed bailiffs to chase debts from some of the city's poorest families and households.
On Friday, 40-year-old Emma Caresimo, of Magor, Newport, who runs an artists' agency in the city, answered her door to a bailiff who handed her a halfpage torn from a notebook which contained the handwritten words; "9th February, Market Place, Wigan, cig butt, no court attendance".
Hailing police chief Zacharias Chrysostomou's decision to order an investigation concerning abuse of power, the association of bailiffs standing outside the Limassol district court thanked him for the move and sought to stress the day to day dangers they face when doing their job.
The charity is calling for bailiffs, now known legally as enforcement agents, to be used only as a last resort, with a greater focus on preventative work and early detection and intervention where residents and businesses fall behind.
New Figures reveal Sefton council instructed bailiffs 17,313 times to collect debts owed by individuals and businesses during 2014/15.
In 2014, the authority made 10,994 bailiff referrals in an attempt to collect debts owed by individuals and businesses.