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 ?
It was reported that on the application of a woman, Civil Judge Nosheen Tarrar had appointed the bailiff to vacate the house of the applicant.
Thus, we managed to exclude cases of commencement of enforcement proceedings, when the debtor's payment of his debts was made during the transfer of the enforcement document from the recoverer to the bailiff," said Dmitry Grishin.
Accepting the request, the court sent a bailiff that raided the PS Musafir Khan where Amjad was detained at police lock-up.
However, many councils are far too quick to turn to bailiff action - which we know can seriously harm the wellbeing of residents who are often already in vulnerable situations.
If the bailiff refuses, contact the organisation you owe the money to.
City chiefs have decided to stop using bailiffs to chase up council tax debts from the most vulnerable in the city.
Her car, a Volkswagen Golf, was clamped and it was valued "on the spot" by the bailiff at PS3,700.
Bailiffs went on strike for an hour on Tuesday morning condemning an incident over the weekend where one of their colleagues was arrested after delivering court papers to a Limassol policeman.
The charity has written to the leader of the council with details of its latest research on bailiff use and to call for improvements to debt collection practices to make sure people who are struggling get the free advice they need.
The bailiff referrals made by Sefton council represents an increase of 8% on two years ago.
The figures, released following a Freedom of Information request by the Money Advice Trust, mean the council is ranked 27 out of 326 for local authority bailiff use in England and Wales, relative to size of authority.
14 million bailiff referrals were reported for 2014/15, 16% higher than the figure of 1.