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Bailiff (from Late Latin bajulivus, adjectival form of bajulus) is a governor or custodian (cf. Latin ( lingua Latīna, laˈtiːna is an Italic language, historically spoken in Latium and Ancient Rome. bail); a legal officer to whom some degree of authority, care or jurisdiction is committed. Traditionally bail is some form of Property deposited or pledged to a Court in order to persuade it to release a suspect from jail, on the understanding Bailiffs are of various kinds and their offices and duties vary greatly.

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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. England is a Country which is part of the United Kingdom. Its inhabitants account for more than 83% of the total UK population whilst its mainland SHERIFF is a telecom fraud detection and management system originally developed by BT and MCI. A mayor (from the Latin māior, meaning "greater" is a modern title used in many countries for the highest ranking officer in a municipal government , 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. The historic counties of England are ancient subdivisions of England. A bailiwick is the area of jurisdiction of a Bailiff. The term was also applied to a territory in which the Sheriff 's functions were exercised by a privately appointed Westminster is an area of Central London, within the City of Westminster. Dover Castle is situated at Dover, Kent and has been described as the "Key to England" due to its defensive significance throughout history Under the manorial system a bailiff was in charge of superintending the cultivation of the manor (see Walter of Henley). 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 Count usually appointed the bailiff and in France the King. The position originates from France when King Philip II Augustus installed the first bailiff. Philip II Augustus (Philippe Auguste ( 21 August[[ 165]] &ndash 14 July 1223) was the King of France from 1180 until his death 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).

France ancien régime

See also: Vidame

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. Vidame, a French corruption of the official Latin term vicedominus ('vice-lord' was a Feudal title in France. Ancien Régime ( pronounced: /ɑ̃sjɛ̃ ʁeʒim/ refers primarily to the aristocratic social and political system established in A bailiwick is the area of jurisdiction of a Bailiff. The term was also applied to a territory in which the Sheriff 's functions were exercised by a privately appointed In southern France, the term generally used was sénéchal 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. Philip II Augustus (Philippe Auguste ( 21 August[[ 165]] &ndash 14 July 1223) was the King of France from 1180 until his death They were based on the earlier medieval fiscal and tax divisions (the "baillie") which had been used by earlier sovereign 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:

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. The Nobility (la noblesse in France, in the Middle Ages and the Early Modern period had specific legal and financial rights and To appeal their decisions, one turned to the regional parlements. This article is for the Ancien Régime institution For the post-Revolutionary and present-day institution see French Parliament. 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. Henry II (Henri II (31 March 1519 &ndash 10 July 1559 of the House of Valois and the son and successor of Francis I, was King of France from 31 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. Early Modern France is the Early modern period of French history from the end of the 15th century to the end of the 18th century (or from the French Renaissance Recettes générales, commonly known as généralités, were the administrative divisions of France under the Ancien Régime and are A governor is a governing official usually the executive (at least nominally to different degrees also politically and administratively of a non-sovereign level of government The title of intendant (intendant Spanish intendente) has been used in a number of countries through history

In French, a court bailiff is called a "huissier de justice".

Germany

Main article: Vogt

Modern bailiffs

Belgium

Most of the functions associated with the older Dutch-language terms translated as 'bailiff' in English, are no longer found in one officer. This article is about the title Vogt For the surname see Vogt (surname. The modern terms 'huissier de justice' (in French) or 'gerechtsdeurwaarder' (in Dutch) however, are usually translated into English as 'bailiff'. French ( français,) is a Romance language spoken around the world by 118 million people as a native language and by about 180 to 260 million people Dutch ( is a West Germanic language spoken by around 24 million people 22 million of which are from the Netherlands, Belgium and Suriname This is a sworn officer who may legally deliver exploits (process serving), see to the execution of court orders such as the confiscation of goods, or be an official legal witness. Service of process is the procedure employed to give Legal notice to a person (such as a defendant of a Court or administrative body's exercise of Confiscation, from the Latin confiscatio 'joining to the fiscus i A similar officer is typical in many countries with a non-Anglo Saxon law system that is based on the Napoleonic Code In Belgium, the bailiff can be appointed by a confiscating court to exercise the judicial mandate of 'schuldbemiddelaar' (in Dutch) or 'médiateur de dettes' (in French), a debt negotiator, in a procedure called 'collectieve schuldenregeling' (CSR) or 'médiation collective de dettes', a collectively negotiated settlement of debts, which is comparable with the regulations by the 'Wet Schuldsanering Natuurlijke Personen' (WSNP) in the Netherlands. The Napoleonic Code, or Code Napoléon (originally called the Code civil des Français) is the French Civil code, established under

The official judicial tasks are often supplemented by tasks as independent entrepreneurs, for instance for non-judicial debt collecting, specific judicial advice or writing general conditions of sale, judicial assistance at lower courts (canton level), etc. An entrepreneur is a person who has possession over a company enterprise, or Venture, and assumes significant accountability for the inherent risks and the outcome In Belgium, there are judicial and electoral cantons Judicial A judicial canton (gerechtelijk kanton canton judiciaire is a group of municipalities in

British Isles

England & Wales

See also: Water bailiff

In England & Wales, the bailiff of a franchise or liberty is the officer who executes writs and processes, and impanels juries within 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 body with administrative or judicial Jurisdiction. 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. Distraint or distress is "the seizure of someone’s property in order to obtain payment of rent or other money owed" especially in Common law An arrest is the act of depriving a person of his or her liberty usually in relation to the investigation and prevention of crime 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. The Oxford English Dictionary ( OED) published by the Oxford University Press (OUP is a comprehensive Dictionary of the English 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 Lord High Chancellor of Great Britain, or Lord Chancellor is a senior and important functionary in the Government of the United Kingdom. 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. England and Wales The County Court is the Workhorse of the civil justice system in England and Wales.

Bailiffs will be replaced by enforcement agents when the Tribunals, Courts and Enforcement Act 2007, s. The Tribunals Courts and Enforcement Act 2007 is an Act of the Parliament of the United Kingdom. 63 comes into force.

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. A water bailiff is a law enforcement officer responsible for the policing of bodies of water such as a River, Lake or Coast. Scotland ( Gaelic: Alba) is a Country in northwest Europethat occupies the northern third of the island of Great Britain. 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. A Burgh (ˈbʌʀə is an autonomous corporate entity in Scotland, usually a Town. A magistrate is a judicial officer In Common law systems a magistrate usually has limited authority to administer and enforce the Law. Local government in Scotland is organised through 32 unitary authorities consisting of Councillors elected every four years by registered voters in each of the Year 1975 ( MCMLXXV) was a Common year starting on Wednesday (link will display full calendar of the Gregorian calendar. A county is a Land area of Regional Government within a larger State. The two-tier system was later replaced by a system of unitary authorities. See also Independent city A unitary authority is a type of Local authority that has a single tier and is responsible for all Local government functions

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. A Justice of the Peace ( JP) is a Puisne Judicial officer appointed by means of a commission to keep the peace A District Court is the lowest level of court in Scotland. It deals mainly with minor offences and they operate under summary procedure. Local governments are administrative offices that are smaller than a State. 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. Politics in Glasgow, Scotland, are evident in the deliberations and decisions of the city council of Glasgow ( Glaschu in Gaelic) A Lord Provost is the figurative and ceremonial head of one of the principal cities in Scotland.

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). A sheriff officer is an officer of the Scottish Sheriff Court, responsible for serving documents and enforcing Court orders The jurisdiction of a sheriff Sheriff courts provide the local Court service in Scotland, with each court serving a sheriff court district within a Sheriffdom. 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 of Scotland. It is both a Court of first instance and a court of Appeal and sits exclusively These positions have been abolished by §60 of the Bankruptcy and Diligence etc. (Scotland) Act 2007, and replaced with the office of Judicial Officer under §57(1) of that enactment.

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. Salmon is the common name for several species of Fish of the family Salmonidae. Trout is the common name given to a number of Species of Freshwater Fish belonging to the Salmonidae family

Channel Islands

See also Bailiff (Channel Islands)

In the Channel Islands the bailiff is the first civil officer in each of the two bailiwicks. The Bailiff is the first civil officer in each of the Channel Island Bailiwicks of Jersey and Guernsey, serving as president of the legislature The Channel Islands ( Norman: Îles d'la Manche, French: Îles Anglo-Normandes or Îles de la Manche) are a group of Islands The Bailiff is the first civil officer in each of the Channel Island Bailiwicks of Jersey and Guernsey, serving as president of the legislature He is appointed by the Crown, and holds office until retirement. Throughout the Commonwealth realms The Crown is an abstract metonymic concept which represents the legal authority for the existence of any government He presides as a judge in the Royal Court, and takes the opinions of the jurats; he also presides over the States, and represents the Crown on civic occasions. Jurat (through French from mediaeval Latin jurat, "he swears" Lat The bailiff in each island must, in order to fulfill his judicial role, be a qualified lawyer.

Isle of Man

The High Bailiff is the head stipendiary magistrate in the Isle of Man. In the Isle of Man the High Bailiff (Ard-Vaylee is the head stipendiary Magistrate. The Isle of Man (Ellan Vannin ˈɛlʲən ˈvanɪn or Mann (Mannin) is a self-governing Crown dependency, located in the Irish Sea at the geographical

Canada

In parts of Canada, bailiffs are responsible for the service of legal process. The legal process school (sometimes "legal process theory" was a movement within American law that attempted to chart a third way between Legal formalism and In some jurisdictions, 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. A wheel clamp ( American English: Denver boot, wheel boot, or boot) is a device that is designed to prevent vehicles from moving Some jurisdictions also require that applicants receive special training and have a degree in Paralegal Technology to become a bailiff.

Ontario

Ontario Provincial Bailiff Shoulder Flash
Ontario Provincial Bailiff Shoulder Flash

In Ontario, provincial bailiffs provide primary transportation of prisoners between correctional facilities such as jails and prisons. Ontario (ɒnˈtɛrioʊ is a province located in the central part of Canada, the largest by population and second largest after Quebec Prisoner transport describes the transportation of Prisoners by land air and water Jail, or gaol (especially in Canada, Australia and NZ[http //www A prison, penitentiary, or correctional facility is a place in which individuals are physically confined or interned and usually deprived of a range of Under the Ministry of Correctional Services Act (Ontario), while transporting prisoners, bailiffs have the powers of police constables. A constable is a person holding a particular office most commonly in law enforcement. When necessary, Provincial correctional officers will act as bailiffs for short and long term assignments and full-time bailiffs are typically recruited from the correctional officer ranks. A corrections officer, correctional officer, detention officer, jail guard, prison guard, prison warder, or prison officer Provincial bailiffs are armed with expandable batons and pepper spray and operate under the jurisdiction of the provincial Ministry of Community Safety and Correctional Services. Pepper spray (also known as OC spray (from " Oleoresin Capsicum " OC gas, capsicum spray, or oleoresin capsicum The Ministry of Community Safety and Correctional Services is responsible for law enforcement services in the Canadian province of Ontario, including the Ontario Duties normally associated with bailiffs in other jurisdictions, such as evictions, seizures, and other civil matters, are performed by sheriffs under the office of the Attorney General of Ontario. SHERIFF is a telecom fraud detection and management system originally developed by BT and MCI. The Attorney General of Ontario is a senior member of the Executive Council of Ontario (or Cabinet) and governs the Ministry of the Attorney

The Netherlands

In these days the rank "Bailiff" is not in used in Holland, but there is one exception. The term is used for the position of president and some honorary Bailiffs of the Dutch branch of the Knights Hospitaller. The Knights Hospitaller (also known as the Sovereign Military Hospitaller Order of St

United States

While many in the United States use the word bailiff colloquially to refer to a peace officer providing court security. The United States of America —commonly referred to as the More often, these court officers are sheriff's deputies, marshals, or constables. SHERIFF is a telecom fraud detection and management system originally developed by BT and MCI. A Member of Parliament, or MP, is a representative elected by the voters to a Parliament. Marshal (also sometimes spelled marshall in American English, but not in British English) is a word used in several official titles of various branches A constable is a person holding a particular office most commonly in law enforcement. The terminology varies among (and sometimes within) the several states.

From its staff, the Court may appoint by court order bailiff's as peace officers, who shall have, during the stated terms of such appointment, shall have such powers normally incident to police officers, including, but not limited to, the power to make arrests in a criminal case, provided that the exercise of such powers shall be limited to any building or real property maintained or used as a courthouse or in support of judicial functions.

Whatever the name used, the agency providing court security is often charged with serving legal process and seizing and selling property (e. The legal process school (sometimes "legal process theory" was a movement within American law that attempted to chart a third way between Legal formalism and g. , replevin or foreclosure). Replevin is an Anglo - French Law term It is the noun form of the verb "replevy" (from Old French "replevir" derived from "plevir" Foreclosure is the legal proceeding in which a mortgagee, or other Lienholder, usually a lender obtains a court ordered termination of a mortgagor In some cases, the duties are separated between agencies in a given jurisdiction. For instance, a court officer may provide courtroom security in a jurisdiction where a sheriff handles service of process and seizures.

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, is a geographic area in eastern England, in the United Kingdom. England is a Country which is part of the United Kingdom. Its inhabitants account for more than 83% of the total UK population whilst its mainland Bedford is the County town of Bedfordshire, England. It is a large town and the administrative centre for the Bedford borough Slang is the use of highly informal Words and expressions that are not considered standard in the speaker's Dialect or Language. The River Great Ouse is a River in the east of England. It is 150 miles (240 km long which makes it the major navigation in East Anglia, and the fourth-

References

See also

SHERIFF is a telecom fraud detection and management system originally developed by BT and MCI. The Tipstaff has two different meanings both somewhat related A constable is a person holding a particular office most commonly in law enforcement. Marshal (also sometimes spelled marshall in American English, but not in British English) is a word used in several official titles of various branches In England, a reeve was an official elected annually by the Serfs to supervise lands for a Lord. Bailli (English bailiff was the rank and title of the head of each of the Bailiwicks of the Knights Hospitaller and also of the head at Rhodes and

Dictionary

bailiff

-noun

  1. A legal officer to whom some degree of authority, care or jurisdiction is committed.
  2. (UK) The steward or overseer of an estate.
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