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Encyclopedia > Bailie
A Bailiff in a United States courtroom
A Bailiff in a United States courtroom

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. from http://www. ... from http://www. ... Latin is an Indo-European language originally spoken in the region around Rome called Latium. ... 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 that the suspect will return for trial or forfeit the bail (skipping bail, or jumping bail, is also illegal). ...

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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). Royal motto (French): Dieu et mon droit (Translated: God and my right) Englands location within the UK Official language English de facto Capital London de facto Largest city London Area - Total Ranked 1st UK 130,395 km² Population - Total (mid-2004) - Density Ranked 1st UK 50. ... Sheriff is both a political and a legal office held under English common law, Scots law or U.S. common law, or the person who holds such office. ... A mayor (from the Latin maīor, meaning larger,greater) is the politician who serves as chief executive official of some types of municipalities. ... 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 traditional counties of England are historic subdivisions of the country into around 40 regions. ... A bailiwick is the area of jurisdiction of a bailiff. ... Westminster is the area located immediately to the west of the ancient City of London, in the centre of the wider conurbation of London. ... Dover Castle is situated in Kent and has been described as the Key to England due to its defensive significance throughout history. ... The terms steward or stewardess can refer to a number of different professional roles. ... A reeve (Old English gerefa) was an Anglo-Saxon official of high rank, exerting local jurisdiction. ...


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. 1888 is a leap year starting on Sunday (click on link for calendar). ...


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. The Channel Islands are a group of islands off the coast of Normandy, France, in the English Channel. ... In the Channel Islands of Guernsey the Bailiff is the first civil officer, serving as president of the legislature and the Royal Court. ... The Crown is a term which is used to separate the government authority and property of the state in a kingdom from any personal influence and private assets held by the current Monarch. ... Jurat (through French from mediaeval Latin juratus, one sworn, Lat. ...


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. The photograph above is a Alameda County Sheriff's Deputy assigned to the Bailiff/Marshal division. Marshal (also spelled Marshall) is a word used in several official titles of various branches of society. ... This article may be confusing for some readers, and should be edited to enhance clarity. ... Sheriff is both a political and a legal office held under English common law, Scots law or U.S. common law, or the person who holds such office. ...


In the state of Vermont, the high bailiff is a statutory officer of 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. State nickname: The Green Mountain State Other U.S. States Capital Montpelier Largest city Burlington Governor Jim Douglas (R) Senators Patrick Leahy (D) Jim Jeffords (I) Official language(s) None Area 24,923 km² (43th)  - Land 23,974 km²  - Water 949 km² (3. ...


Scotland

The Scottish form of this post is the Bailie. The Bailie served as burgh magistrates in the system of local government in Scotland before 1975 when the system of burghs and counties was replaced by the two-tier structure of Regional Councils and Distrcit Councils. That system was, itself, later replaced by a system of unity authorities. Transport in Scotland Timeline of Scottish history Caledonia List of not fully sovereign nations Subdivisions of Scotland National parks (Scotland) Traditional music of Scotland Flower of Scotland Wars of Scottish Independence National Trust for Scotland Historic houses in Scotland Castles in Scotland Museums in Scotland Abbeys and priories in Scotland... Burgh can refer to the following: Burgh (pronounced burruh) - A highly autonomous unit of local government in Scotland, with rights to representation in the Parliament of Scotland, in use from at least the 9th century until their abolition in 1975 when a new regional structure of local government was introduced... A magistrate is a judicial officer with limited authority to administer and enforce the law. ... Before 1975 local government in Scotland was organised on the county system. ... 1975 (MCMLXXV) was a common year starting on Wednesday (the link is to a full 1975 calendar). ... Originally, in continental Europe, a county was the land under the jurisdiction of a count. ... 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 adminstrative body. 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 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 Sheriff Courts are the local Court system in Scotland. ... The Court of Session is the supreme civil court in Scotland. ...


France

The French form is Bailli. A Bailiff in a United States courtroom Bailiff (from Late Latin bajulivus, adjectival form of bajulus) is a governor or custodian; cf. ...


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. Ancien Régime means Old Rule or Old Order in French; in English, the term refers primarily to the social and political system established in France under the Valois and Bourbon dynasties. ... A bailiwick is the area of jurisdiction of a bailiff. ...


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 inaccordance with court judgments, application of the Denver boot and the execution of arrest warrants.They receive a 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. The first European explorer of what is now Quebec was Jacques Cartier, who planted a cross either in the Gaspé in 1534 or at Old Fort Bay on the Lower North Shore and sailed into the St. ... 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. ... A wheel clamp is a device that is designed to stop vehicles from moving. ...


References


  Results from FactBites:
 
Bailiff - Wikipedia, the free encyclopedia (1440 words)
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.
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.
CATHOLIC ENCYCLOPEDIA: The Seal of Confession (14935 words)
It is to be observed that none of the works referred to below mention sacramental confession as practised by Catholics, which, perhaps, would be regarded by the courts as having a peculiar claim to protection.
In the case of Anderson and Marshall, which is cited by Hume as having taken place in 1728, Hume tells us that Anderson had made a confession in the presence of a minister and two bailies.
Though Anderson, he tells us, had sent for the minister in order to dlsburden his conscience to him, evidence of the confession was received at the trial of Anderson.
  More results at FactBites »


 

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