Bailiff
From Wikipedia, the free encyclopedia
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.
Contents |
[edit] Medieval bailiffs
[edit] England
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, the bailiff, the steward and the reeve were important officers; the bailiff managed the property of the manor and superintended its cultivation (see Walter of Henley, Husbandry, R. Hist. Soc., 1890).
[edit] France
Under the ancien régime in France, the bailli 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 (cf seneschal) who held office in the sénéchaussée.
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:
- 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.
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.
In French, a court bailiff is called a "huissier de justice".
[edit] Modern bailiffs
[edit] British Isles
[edit] England
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).
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.
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 9 A.M. and 4 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.
[edit] Scotland
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.
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.
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).
[edit] Channel Islands
See also Bailiff (Channel Islands)
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.
[edit] Isle of Man
The High Bailiff is the head stipendiary magistrate in the Isle of Man.
[edit] 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.
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.
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.
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.
The State of Maine had a division within the Administrative Office of the Courts, the Office of Court Security Services that assigns Special Agents to provide security and law enforcement services to the various Superior and District Courts and their respective judicial staff. These special agents are state level law enforcement officers, trained through the Maine Criminal Justice Academy and hold the same power and duties throughout the State, that the Sheriff's have within their respective counties.
[edit] Canada
[edit] Quebec
In Quebec 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 the Denver boot 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 only allowed to be "armed" with handcuffs on duty.
[edit] 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.
[edit] References
- This article incorporates text from the Encyclopædia Britannica Eleventh Edition, a publication now in the public domain.
