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Encyclopedia > Bailiff

Bailiff (from Late Latin bajulivus, adjectival form of bajulus) is a governor or custodian (cf. bail); a legal officer to whom some degree of authority, care or jurisdiction is committed. Bailiffs are of various kinds and their offices and duties vary greatly. Latin is an ancient Indo-European language originally spoken in Latium, the region immediately surrounding Rome. ... The word bail as a legal term means: Security, usually a sum of money, exchanged for the release of an arrested person as a guarantee of that persons appearance for trial. ...

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Medieval bailiffs

British Isles

The term was first applied in England to the king's officers generally, such as sheriffs, mayors, etc., and more particularly to the chief officer of a hundred. The county within which the sheriff exercises his jurisdiction is still called his bailiwick, while the term bailiff is retained as a title by the chief magistrates of various towns and the keepers of royal castles, as the high bailiff of Westminster, the bailiff of Dover Castle, etc. Under the manorial system a bailiff was in charge of superintending the cultivation of the manor (see Walter of Henley) . Motto (French) God and my right Anthem No official anthem specific to England — the anthem of the United Kingdom is God Save the Queen. See also Proposed English National Anthems. ... Look up Sheriff in Wiktionary, the free dictionary. ... A mayor (from the Latin māior, meaning larger, greater) is the modern title of the highest ranking municipal officer. ... A hundred is an administrative division, frequently used in Europe and New England, which historically was used to divide a larger region into smaller geographical units. ... The historic counties of England are ancient subdivisions of England. ... A bailiwick is the area of jurisdiction of a bailiff. ... Westminster is a district within the City of Westminster in London. ... Dover Castle is situated at Dover, Kent and has been described as the Key to England due to its defensive significance throughout history. ... Walter of Henley (Walter de Henley) was an English agricultural writer of the thirteenth century, writing in French. ...


Holland and Flanders

The rank bailiff was used in Flanders, Holland, Henegouwen, Zeeland and in North of France. The bailiff was a civil servant who represented the ruler in town and country. In Flanders the Duke usually appointed the bailiff and in France the King. The position originates from France when King Philip II Augustus installed the first bailiff. In the northern parts of continental Europe this position was known as "Baljuw" a direct derivative from the French word "Bailli" but also words were used as "drost", "drossaard" (Brabant), "amman" (Brussels), "meier" (Leuven, Asse), "schout" (Antwerp, 's-Hertogenbosch, Turnhout), "amtmann" and "ammann" (Germany, Switzerland, Austria). Philip II Augustus (French: Philippe II Auguste) (August 21, 1165 – July 14, 1223), was King of France from 1180 to 1223. ...


France

Under the ancien régime in France, the baliy was the king's representative in the bailliage (bailiwick), charged with the application of justice and control of the administration. In southern France, the term generally used was sénéchal who held office in the sénéchaussée. Ancien Régime, a French term meaning Former Regime, but rendered in English as Old Rule, Old Order, or simply Old Regime, refers primarily to the aristocratic social and political system established in France under the Valois and Bourbon dynasties. ... A bailiwick is the area of jurisdiction of a bailiff. ...


The administrative network of baillages was established in the 13th century over the king's land (the domaine royal), notably by Philippe Auguste. They were based on the earlier medieval fiscal and tax divisions (the "baillie") which had been used by earlier soverein princes (such as the Duke of Normandy). The creation of the royal bailliages reduced prior existing judicial courts to a subaltern rank; these lower courts were called: Philip II Augustus (French: Philippe II Auguste) (August 21, 1165 – July 14, 1223), was King of France from 1180 to 1223. ...

  • prévôtés royales supervised by a prévôt appointed and paid by the bailli
  • or (as was the case in Normandy) vicomtés supervised by a vicomte (the position could be held by non-nobles)
  • or (in parts of northern France) châtellenies supervised by a châtelain (the position could be held by non-nobles)
  • or, in the south, vigueries or baylies supervised by a viguier or a bayle.

The court or tribunal of the bailliage was presided by a lieutenant général du bailli. Tribunals in bailliages and sénéchaussées were the first court of appeal for lower courts, but the court of first instance for affairs involving the nobility. To appeal their decisions, one turned to the regional parlements. In an effort to reduce the case load in the parlements, certain bailliages were given extended powers by Henri II of France: these were called présidiaux. Bailliages and présidiaux were also the first court for certain crimes (these cases had formerly been under the supervision of the local seigneurs): sacrilege, lèse-majesté, kidnapping, rape, heresy, alteration of money, sedition, insurrections, and the illegal carrying of arms. Look up provost in Wiktionary, the free dictionary A provost (introduced into Scots from French) was the leader of a Scottish burgh council, the equivalent of a mayor in other parts of the English-speaking world. ... Flag of Normandy Normandy (in French: Normandie, and in Norman: Normaundie) is a geographical region in northern France. ... The nobility (la noblesse) in France in the Middle Ages and the Early Modern period had specific legal and financial rights and prerogatives (the first official list of these prerogatives was established relatively late, under Louis XI of France after 1440), including exemption from paying the taille (except for non... This article is for the Ancien Régime institution. ... Henry II of France Henry II (French: Henri II) (March 31, 1519 - July 10, 1559), a member of the Valois Dynasty, was King of France from 1547 until his death. ...


By the late 16th century, the role of the "bailli" had become merely honorary, and judicial power was invested solely in the lieutenant général of the bailliage. The administrative and financial role of the bailliages and sénéchaussées declined in the early modern period (superseded by the king's royal tax collectors and regional gouverneurs, and later by the intendants), and by the end of the 18th century, the bailliages, which numbered into the hundreds, served only a judicial function. Early Modern France is the portion of French history that falls in the early modern period from the end of the 15th century to the end of the 18th century (or from the French Renaissance to the eve of the French Revolution). ... Généralités were the administrative divisions of France under the Ancien Régime and are often considered to prefigure the current préfectures. ... For other uses, see Governor (disambiguation). ... New France was governed by three rulers: the governor, the bishop and the intendant, all appointed by the King, and sent from France. ...


In French, a court bailiff is called a "huissier de justice". The chain of a huissier in the French Senate. ...


Germany

see main article: Vogt Vogt is a word of Germanic languages(except for English), originated from latin language vocatius, refers to: People named Vogt: Alfred Elton (A. E.) van Vogt Andrea Vogt Berti Vogts Erik Vogt Howard C. Vogts Jørgen Herman Vogt Karl Vogt Paul Vogt Roland Vogt Tom Vogt Other: Funker Vogt...


Modern bailiffs

British Isles

England

See also: Water bailiff

In England, the bailiff of a franchise or liberty is the officer who executes writs and processes, and impanels juries within the franchise. He is appointed by the lord of such franchise (who, in the Sheriffs Act 1887, § 34, is referred to as the bailiff of the franchise). A water bailiff is a law enforcement officer responsible for the policing of bodies of water, such as a river, lake or coast. ... In law, a writ is a formal written order issued by a government entity in the name of the sovereign power. ... Illustration of a physical process: a geyser in action. Process (lat. ...


The bailiff of a sheriff is an under-officer employed by a sheriff within a county for the purpose of executing writs, processes, distraints and arrests. As a sheriff is liable for the acts of his officers acting under his warrant, his bailiffs are annually bound to him in an obligation with sureties for the faithful discharge of their office, and thence are called bound bailiffs. They are also often called bum-bailiffs, or, shortly, bums. The origin of this word is uncertain; the New English Dictionary suggests that it is in allusion to the mode of catching the offender. Special bailiffs are officers appointed by the sheriff at the request of a plaintiff for the purpose of executing a particular process. The appointment of a special bailiff relieves the sheriff from all responsibility until the party is arrested and delivered into the sheriff's actual custody. Distraint is a condition under English law in which a debtor may be forced to surrender personal possessions for sale to account for a debt. ... This article does not cite any references or sources. ...


By the County Courts Act 1888, it is provided that there shall be one or more high-bailiffs, appointed by the judge and removable by the lord-chancellor; and every person discharging the duties of high-bailiff is empowered to appoint a sufficient number of able and fit persons as bailiffs to assist him, whom he can dismiss at his pleasure. The duty of the high-bailiff is to serve all summonses and orders, and execute all the warrants, precepts and writs issued out of the court. The high bailiff is responsible for all the acts and defaults of himself, and of the bailiffs appointed to assist him, in the same way as a sheriff of a county is responsible for the acts and defaults of himself and his officers. By the same act (§49) bailiffs are answerable for any connivance, omission or neglect to levy any such execution. No action can be brought against a bailiff acting under order of the court without six days' notice (§52). Any warrant to a bailiff to give possession of a tenement justifies him in entering upon the premises named in the warrant, and giving possession, provided the entry be made between the hours of 6 A.M. and 10 P.M. (§ 142). The Law of Distress Amendment Act 1888 enacts that no person may act as a bailiff to levy any distress for rent, unless he is authorized by a county-court judge to act as a bailiff. For the toll-free telephone number see Toll-free telephone number Year 1888 (MDCCCLXXXVIII) was a leap year starting on Sunday (click on link for calendar) of the Gregorian calendar (or a leap year starting on Friday of the 12-day slower Julian calendar). ...


Water bailiffs also exist in England and Wales, to police bodies of water and prevent illegal fishing. A water bailiff is a law enforcement officer responsible for the policing of bodies of water, such as a river, lake or coast. ...


Scotland

See also: Water bailiff

The Scottish form of this post is the bailie. Bailies served as burgh magistrates in the system of local government in Scotland before 1975 when the system of burghs and counties was replaced by a two-tier system of Regional Councils and District Councils. The two-tier system was later replaced by a system of unitary authorities. A water bailiff is a law enforcement officer responsible for the policing of bodies of water, such as a river, lake or coast. ... This article is about the country. ... A sign in Linlithgow, Scotland. ... A magistrate is a judicial officer. ... This article needs additional references or sources for verification. ... Year 1975 (MCMLXXV) was a common year starting on Wednesday (link will display full calendar) of the Gregorian calendar. ... A county is generally a sub-unit of regional self-government within a sovereign jurisdiction. ... A unitary authority is a type of local authority, which has a single tier and is responsible for all local government functions within its area. ...


Under the new arrangements the bailies were abolished and replaced by Justices of the Peace serving in the District Courts of Scotland, these posts no longer holding any authority within the local authority as an administrative body. However the term Bailie is still used as an honorary title by Glasgow City Council for a number of senior councillors who can deputise for the Lord Provost. A Justice of the Peace (JP) is a magistrate appointed by a commission to keep the peace, dispense summary justice and deal with local administrative applications in common law jurisdictions. ... A District Court is the lowest level of court in Scotland. ... Local governments are administrative offices of an area smaller than a state. ... The City of Glasgow is one of the 32 Scottish unitary authorities and came into being in 1995. ... A Lord Provost is the Scottish equivalent of a Lord Mayor. ...


The Scottish equivalent of a sheriff's bailiff or high bailiff is the sheriff officer (for the Sheriff Court) or the messenger-at-arms (for the Court of Session). These positions have been abolished by §60 of the Bankruptcy & Diligence &c. (Scotland) Act 2007, and replaced with the office of Judicial Officer under §57(1) of that enactment. A sheriff officer is an officer of the Scottish Sheriff Court, responsible for serving documents and enforcing court orders. ... The Sheriff Courts are the local Court system in Scotland. ... A messenger-at-arms is an officer of the Scottish Court of Session, responsible for serving documents and enforcing court orders throughout Scotland. ... The Court of Session is the supreme civil court in Scotland. ...


In Scotland, the office of water bailiff does exist, with power to enforce legislation relating to the illegal collection of salmon and trout. A water bailiff is a law enforcement officer responsible for the policing of bodies of water, such as a river, lake or coast. ... Illustration of a male Coho Salmon The Chinook or King Salmon is the largest salmon in North America and can grow to 1. ... Rainbow trout, Oncorhynchus mykiss Biwa trout (or Biwa salmon), Oncorhynchus masou rhodurus Trout is the common name given to a number of species of freshwater fish belonging to the salmon family, Salmonidae. ...


Channel Islands

See also Bailiff (Channel Islands) In the Channel Islands of Guernsey the Bailiff is the first civil officer, serving as president of the legislature and the Royal Court. ...


In the Channel Islands the bailiff is the first civil officer in each of the two bailiwicks. He is appointed by the Crown, and generally holds office for life. He presides at the Royal Court, and takes the opinions of the jurats; he also presides over the States, and represents the crown in all civil matters. Though he need not necessarily have had legal training, he is usually selected from among those who have held some appointment at the island bar. This article is about the British dependencies. ... In the Channel Islands of Guernsey the Bailiff is the first civil officer, serving as president of the legislature and the Royal Court. ... Throughout the Commonwealth Realms The Crown is an abstract concept which represents the legal authority for the existence of any government. ... Jurat (through French from mediaeval Latin juratus, one sworn, Lat. ...


Isle of Man

The High Bailiff is the head stipendiary magistrate in the Isle of Man. The High Baliff is the Head stipendiary magistrate in the Isle of Man. ...


Holland and Flanders

In these days the rank "Bailiff" is not in use in Holland or Flanders but one exception. It is used for the position of president and some honorary Bailiffs of the Dutch branch of the Knights Hospitaller. Baron Vassiliev, a 19th-century Knight Commander The Knights Hospitaller (also known as the Sovereign Order of Saint John of Jerusalem of Rhodes and of Malta, Knights of Malta, Knights of Rhodes, and Chevaliers of Malta) was an organization that began as an Amalfitan hospital founded in Jerusalem in 1080...


United States

In the United States bailiffs, sometimes known as marshals or court officers, are the law enforcement arm of the court. They keep order in the court, serve legal process or other court documents, and take charge of juries when the court is not in session. Also bailiffs will provide general security for the courthouse and its staff. Generally the local sheriff's office provides deputy sheriffs to fill this function. Marshal (also sometimes spelled marshall in American English, but not in British English) is a word used in several official titles of various branches of society. ... This article or section does not cite any references or sources. ... Look up Sheriff in Wiktionary, the free dictionary. ...


In the state of Vermont, the High Bailliff is a constitutional officer elected in each county, responsible for filling the role of sheriff when the office-holder is unable, such as when he is a party to the matter at hand. The responsibilities of the high bailiff are defined in state statute. Official language(s) None Capital Montpelier Largest city Burlington Area  Ranked 45th  - Total 9,620 sq mi (24,923 km²)  - Width 80 miles (130 km)  - Length 160 miles (260 km)  - % water 3. ... The High Baliff is the Head stipendiary magistrate in the Isle of Man. ...


In the state of New York, NYS Court Officers are sworn peace officers and are employed by The New York State Office of Court Administration, not local sheriff's departments. Utilizing an independent, state law enforcement agency that is separate from local departments displays the impartiality of the judicial system as well as unifies statewide security procedure. Three NYS Court Officers were killed during the September 11, 2001 terrorist attack on the World Trade Center in New York City. Dozens of Court Officers from the courts in lower Manhattan responded to the scene prior to the collapse of the towers. “NY” redirects here. ... Peace officer is a North American term for any public sector person charged to uphold the peace. ... The World Trade Center in New York City (sometimes informally referred to as the WTC or the Twin Towers) was a complex of seven buildings in Lower Manhattan, mostly designed by American architect Minoru Yamasaki and engineer Leslie Robertson and developed by the Port Authority of New York and New... New York, New York and NYC redirect here. ... Manhattan is a borough of New York City, New York, USA, coterminous with New York County. ...


The State of Michigan also has court officers appointed by the district court to serve process, as well as executing Orders to Seize Property (formerly known as Execution Against Property), and enforcing landlord-tenant evictions (Writ of Restitution). In some cases, court officers have the authority to arrest subjects with outstanding civil bench warrants. Court officers are usually subcontractors, being sworn by the court administrator, under the supervision of the judicial counsel. In counties that do not have court officers, civil process is usually forwarded to the sheriff's office to execute. Official language(s) None (English, de-facto) Capital Lansing Largest city Detroit Area  Ranked 11th  - Total 97,990 sq mi (253,793 km²)  - Width 239 miles (385 km)  - Length 491 miles (790 km)  - % water 41. ... This article does not cite any references or sources. ... A bench warrant is a variant of an arrest warrant which authorizes the immediate arrest on sight of the individual in question who is in contempt of court possibly for failing to appear at the appointed time and date for a scheduled court appearance. ... A subcontractor is an individual or in many cases a business that signs a contract to perform part or all of the obligations of anothers contract. ... This article does not cite any references or sources. ...


The State of Maine's Judicial Branch has a division within the Administrative Office of the Courts known as the State Marshal Service. Those assigned are fully sworn Deputy Marshals to provide physical security and law enforcement services to the various Superior, Family, Supreme, and District Courts as well as their respective judicial staff. These Marshals are state level law enforcement officers, trained through the Maine Criminal Justice Academy and hold the same power and duties throughout the State of Maine.


Canada

Bailiffs in Canada are very different to those in the United States of America. Bailiffs are responsible for the service of legal process. Duties of the bailiff include the service of legal documents, repossession and evictions in accordance with court judgments, application of wheel clamps and the execution of arrest warrants. They receive special training and now must have a degree in Paralegal Technology to become a bailiff. Bailiffs are allowed to be "armed" only with handcuffs while on duty. Service of process is the term given to a court or administrative bodys exercise of its jurisdiction over individuals who are the subject of proceedings or actions bought before such court, body or other tribunal. ... Denver Boot as used by the Los Angeles Department of Transportation Less secure style of wheel clamp as used in England A wheel clamp (American English: Denver boot, or boot) is a device that is designed to stop vehicles from moving. ...


Other uses of the word

As most people's contact with bailiffs is when a bailiff comes to take property to enforce debt, in former times in The Fens of eastern England, the term "Bailiff of Bedford" was often used as slang for destructive floods of the River Great Ouse. The Fens, also known as the Fenland, consist of an area of former wetlands in the eastern part of England, stretching around the coast of The Wash from Lincolnshire to Norfolk and reaching into the historic counties of Cambridgeshire, Huntingdonshire, Lincolnshire, Norfolk, Northamptonshire and Suffolk. ... Motto (French) God and my right Anthem No official anthem specific to England — the anthem of the United Kingdom is God Save the Queen. See also Proposed English National Anthems. ... , Bedford is the county town of Bedfordshire, England. ... Slang is the use of highly informal words and expressions that are not considered standard in the speakers dialect or language. ... For other Rivers named Ouse, see Ouse The River Great Ouse is a river in the east of England. ...


Fictional Bailiffs

The Grim Adventures of Billy & Mandy, created by Maxwell Atoms, is an American animated television series that currently airs on Cartoon Network and Teletoon. ...

References

  • This article incorporates text from the Encyclopædia Britannica Eleventh Edition, a publication now in the public domain.

Encyclopædia Britannica, the eleventh edition The Encyclopædia Britannica Eleventh Edition (1910–1911) is perhaps the most famous edition of the Encyclopædia Britannica. ... The public domain comprises the body of all creative works and other knowledge—writing, artwork, music, science, inventions, and others—in which no person or organization has any proprietary interest. ...

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