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A bailiff (from
Middle English
Middle English (abbreviated to ME) is a form of the English language that was spoken after the Norman conquest of 1066, until the late 15th century. The English language underwent distinct variations and developments following the Old English p ...
baillif,
Old French
Old French (, , ; Modern French: ) was the language spoken in most of the northern half of France from approximately the 8th to the 14th centuries. Rather than a unified language, Old French was a linkage of Romance dialects, mutually intelligib ...
''baillis'', ''bail'' "custody") is a manager, overseer or custodian – a legal officer to whom some degree of authority or
jurisdiction
Jurisdiction (from Latin 'law' + 'declaration') is the legal term for the legal authority granted to a legal entity to enact justice. In federations like the United States, areas of jurisdiction apply to local, state, and federal levels.
Jur ...
is given. Bailiffs are of various kinds and their offices and duties vary greatly.
Another official sometimes referred to as a ''bailiff'' was the ''
Vogt
During the Middle Ages, an (sometimes given as modern English: advocate; German: ; French: ) was an office-holder who was legally delegated to perform some of the secular responsibilities of a major feudal lord, or for an institution such as ...
''. In the
Holy Roman Empire
The Holy Roman Empire was a Polity, political entity in Western Europe, Western, Central Europe, Central, and Southern Europe that developed during the Early Middle Ages and continued until its Dissolution of the Holy Roman Empire, dissolution i ...
a similar function was performed by the ''
Amtmann
__NOTOC__
The ''Amtmann'' or ''Ammann'' (in Switzerland) was an official in German-speaking countries of Europe and in some of the Nordic countries from the time of the Middle Ages whose office was akin to that of a bailiff. He was the most seni ...
''.
British Isles
Historic bailiffs
''Bailiff'' was the term used by the
Normans
The Normans (Norman language, Norman: ''Normaunds''; french: Normands; la, Nortmanni/Normanni) were a population arising in the medieval Duchy of Normandy from the intermingling between Norsemen, Norse Viking settlers and indigenous West Fran ...
for what the
Saxons
The Saxons ( la, Saxones, german: Sachsen, ang, Seaxan, osx, Sahson, nds, Sassen, nl, Saksen) were a group of Germanic
*
*
*
*
peoples whose name was given in the early Middle Ages to a large country (Old Saxony, la, Saxonia) near the Nor ...
had called a ''
reeve'': the officer responsible for executing the decisions of a court. The duty of the bailiff would thus include serving summonses and orders, and executing all warrants issued out of the corresponding court. The district within which the bailiff operated was called his ''
bailiwick
A bailiwick () is usually the area of jurisdiction of a bailiff, and once also applied to territories in which a privately appointed bailiff exercised the sheriff's functions under a royal or imperial writ. The bailiwick is probably modelled on th ...
'', even to the present day. Bailiffs were outsiders and free men, that is, they were not usually from the bailiwick for which they were responsible.
Throughout
Norman England
England in the High Middle Ages includes the history of England between the Norman Conquest in 1066 and the death of King John, considered by some to be the last of the Angevin kings of England, in 1216. A disputed succession and victory at the ...
, the Saxon and Norman populations gradually mixed, and ''reeve'' came to be limited to
shire
Shire is a traditional term for an administrative division of land in Great Britain and some other English-speaking countries such as Australia and New Zealand. It is generally synonymous with county. It was first used in Wessex from the beginn ...
-level courts (hence ''
sheriff
A sheriff is a government official, with varying duties, existing in some countries with historical ties to England where the office originated. There is an analogous, although independently developed, office in Iceland that is commonly transla ...
'' as a contraction of "shire-reeve"), while ''bailiff'' was used in relation to the lower courts. Primarily then, ''bailiff'' referred to the officer executing the decisions of
manorial court
The manorial courts were the lowest courts of law in England during the feudal period. They had a civil jurisdiction limited both in subject matter and geography. They dealt with matters over which the lord of the manor had jurisdiction, primarily ...
s, and the
hundred court
A hundred is an administrative division that is geographically part of a larger region. It was formerly used in England, Wales, some parts of the United States, Denmark, Southern Schleswig, Sweden, Finland, Norway, the Bishopric of Ösel–Wiek, C ...
s. Likewise, in
Scotland
Scotland (, ) is a country that is part of the United Kingdom. Covering the northern third of the island of Great Britain, mainland Scotland has a border with England to the southeast and is otherwise surrounded by the Atlantic Ocean to the ...
a ''bailie'' was the chief officer of a
barony Barony may refer to:
* Barony, the peerage, office of, or territory held by a baron
* Barony, the title and land held in fealty by a feudal baron
* Barony (county division), a type of administrative or geographical division in parts of the British ...
(''baron bailie''), and in the
Channel Islands
The Channel Islands ( nrf, Îles d'la Manche; french: îles Anglo-Normandes or ''îles de la Manche'') are an archipelago in the English Channel, off the French coast of Normandy. They include two Crown Dependencies: the Bailiwick of Jersey, ...
they were the
principal civil officers. With the introduction of
justices of the peace
A justice of the peace (JP) is a judicial officer of a lower or ''puisne'' court, elected or appointed by means of a commission ( letters patent) to keep the peace. In past centuries the term commissioner of the peace was often used with the sa ...
(''magistrates''), magistrates' courts acquired their own bailiffs.
Historically, courts were not only concerned with legal matters, and often decided administrative matters for the area within their jurisdiction. A bailiff of a manor, therefore, would often oversee the manor's lands and buildings, collect its rents, manage its accounts, and run its farms (see
Walter of Henley Walter of Henley (Walter de Henley) was an English agricultural writer of the thirteenth century, writing in French. His known work is called ''Le Dite de Hosebondrie'' (or ''Husbandry''), written about 1280, and deals with the agricultural manageme ...
).
In the 19th century, the administrative functions of courts were mostly replaced by the creation of
elected local authorities (councils). Nevertheless, the term ''bailiff'' is retained as a title by the chief officers of various towns and the keepers of royal castles, such as the High Bailiff of
Westminster
Westminster is an area of Central London, part of the wider City of Westminster.
The area, which extends from the River Thames to Oxford Street, has many visitor attractions and historic landmarks, including the Palace of Westminster, Bu ...
and the Bailiff of
Dover Castle
Dover Castle is a medieval castle in Dover, Kent, England and is Grade I listed. It was founded in the 11th century and has been described as the "Key to England" due to its defensive significance throughout history. Some sources say it is the ...
.
In
Scotland
Scotland (, ) is a country that is part of the United Kingdom. Covering the northern third of the island of Great Britain, mainland Scotland has a border with England to the southeast and is otherwise surrounded by the Atlantic Ocean to the ...
, ''bailie'' now refers to a municipal officer corresponding to an English
alderman
An alderman is a member of a Municipal government, municipal assembly or council in many Jurisdiction, jurisdictions founded upon English law. The term may be titular, denoting a high-ranking member of a borough or county council, a council membe ...
.
In the 20th century, the court system in England was drastically re-organised, with the
assize courts
The courts of assize, or assizes (), were periodic courts held around England and Wales until 1972, when together with the quarter sessions they were abolished by the Courts Act 1971 and replaced by a single permanent Crown Court. The assizes ex ...
taking some of the powers of the shire courts, and becoming the
High Court of Justice
The High Court of Justice in London, known properly as His Majesty's High Court of Justice in England, together with the Court of Appeal of England and Wales, Court of Appeal and the Crown Court, are the Courts of England and Wales, Senior Cou ...
; in turn, the remaining elements of the shire court took over the powers of the hundred courts, to form
county court
A county court is a court based in or with a jurisdiction covering one or more counties, which are administrative divisions (subnational entities) within a country, not to be confused with the medieval system of ''county courts'' held by the high ...
s. The High Court acquired the
sheriff
A sheriff is a government official, with varying duties, existing in some countries with historical ties to England where the office originated. There is an analogous, although independently developed, office in Iceland that is commonly transla ...
s, the county courts the bailiffs. Bailiffs were now appointed by a county court judge and were removable by the
Lord Chancellor
The lord chancellor, formally the lord high chancellor of Great Britain, is the highest-ranking traditional minister among the Great Officers of State in Scotland and England in the United Kingdom, nominally outranking the prime minister. The ...
.
Delegation
A bailiff could, for practical reasons, delegate his responsibilities, in regard to some particular court instruction, to other individuals. As the population expanded, the need for the services of a bailiff mainly arose from financial disputes; consequently, these assistants came to be closely associated with debt-collection, in the public's minds. By
Shakespeare
William Shakespeare ( 26 April 1564 – 23 April 1616) was an English playwright, poet and actor. He is widely regarded as the greatest writer in the English language and the world's pre-eminent dramatist. He is often called England's nation ...
's time, they had acquired the nickname ''bum-bailiffs'', perhaps because they followed debtors very closely behind them; in France, the term ''pousse-cul'' (literally ''push-arse'') was similarly used for their equivalent officers.
To avoid confusion with their underlings, the
County Courts Act 1888
A county is a geographic region of a country used for administrative or other purposesChambers Dictionary, L. Brookes (ed.), 2005, Chambers Harrap Publishers Ltd, Edinburgh in certain modern nations. The term is derived from the Old French ...
renamed bailifs as
high bailiff
The High Bailiff ( gv, Ard-Vaylee) is a legal position held within the Isle of Man. The High Bailiff is the head stipendiary magistrate.
The current High Bailiff is Her Worship Jayne Hughes, who took office on 11 March 2019.
The High Bailiff a ...
s. This act also formally acknowledged right of the high bailiffs to appoint (and dismiss) under-bailiffs as they wished, and establishing that the high bailiffs retain ultimate responsibility for their actions. The High Bailiff gradually became a purely ceremonial role, the court's clerk liaising with under-bailiffs directly.
The
Law of Distress Amendment Act 1888
Law is a set of rules that are created and are law enforcement, enforceable by social or governmental institutions to regulate behavior,Robertson, ''Crimes against humanity'', 90. with its precise definition a matter of longstanding debate. ...
enacts that no person may act as an under-bailiff to levy any distress for rent unless he is authorized by a county court judge to act as an under-bailiff.
The County Courts Act 1888 restricted the hours an under-bailiff could execute a possession warrant, to only be between 6 a.m. and 10 p.m. (§ 142). It also limited the ability to bring a legal complaint against a bailiff; six days' notice now had to be given (§52).
Modern-day usage
Channel Islands
In the
Channel Islands
The Channel Islands ( nrf, Îles d'la Manche; french: îles Anglo-Normandes or ''îles de la Manche'') are an archipelago in the English Channel, off the French coast of Normandy. They include two Crown Dependencies: the Bailiwick of Jersey, ...
the
bailiff
A bailiff (from Middle English baillif, Old French ''baillis'', ''bail'' "custody") is a manager, overseer or custodian – a legal officer to whom some degree of authority or jurisdiction is given. Bailiffs are of various kinds and their offi ...
is the first civil officer in each of the two bailiwicks. He is appointed by
the Crown
The Crown is the state in all its aspects within the jurisprudence of the Commonwealth realms and their subdivisions (such as the Crown Dependencies, overseas territories, provinces, or states). Legally ill-defined, the term has different ...
, and holds office until retirement. He presides as a judge in the
Royal Court
A royal court, often called simply a court when the royal context is clear, is an extended royal household in a monarchy, including all those who regularly attend on a monarch, or another central figure. Hence, the word "court" may also be appl ...
, and takes the opinions of the
jurat
The ''jurats'' () are lay people in Guernsey and Jersey who act as judges of fact rather than law, though they preside over land conveyances and liquor licensing. In Alderney, however, the jurats are judges of both fact and law (assisted by thei ...
s; he also presides over the
States Assembly
The States Assembly (french: Assemblée des États; Jèrriais: ) is the parliament of Jersey, formed of the island's 37 deputies and the Connétable of each of the twelve parishes.
The origins of the legislature of Jersey lie in the system o ...
(Jersey) or
States of Guernsey
The States of Guernsey (french: États de Guernesey), sometimes referred to as the Government of Guernsey, is the parliament and government of the British Crown dependency of Guernsey. Some laws and ordinances approved by the States of Guern ...
, and represents the Crown on civic occasions. The bailiff in each island must, in order to fulfill his judicial role, be a qualified lawyer.
England and Wales
In
England and Wales
England and Wales () is one of the three legal jurisdictions of the United Kingdom. It covers the constituent countries England and Wales and was formed by the Laws in Wales Acts 1535 and 1542. The substantive law of the jurisdiction is Eng ...
, there are a number of offices either formally titled, or commonly referred to, as "bailiffs". Some of these bailiffs are concerned with executing the orders of the courts, generally around the collection of debts, and some exercise semi-official supervisory powers over certain activities. Those concerned with the execution of court orders are commonly referred to as bailiffs, although reforms to the law in 2014 have renamed all these positions to alternative titles.
With the 19th-century renaming of bailiffs to "high bailiffs", their under-bailiffs generally came to be referred to as ''bailiffs'' themselves. The powers and responsibilities of these bailiffs depend on which type of court they take orders from. In emulation of these responsibilities, a number of roles established by 19th century statute laws have also been named "bailiffs", despite not having a connection to a court.
=Magistrates' bailiffs
=
Civilian enforcement officers are employees of
Her Majesty's Courts and Tribunals Service
His Majesty's Courts and Tribunals Service (HMCTS) is an executive agency of the Ministry of Justice. It was created on 1 April 2011 (as Her Majesty's Courts and Tribunals Service) by the merger of Her Majesty's Courts Service and the Tribunals ...
, and can seize and sell goods to recover money owed under a fine and community penalty notice, and also execute
warrants of arrest,
committal
In law, a committal procedure is the process by which a defendant is charged with a serious offence under the criminal justice systems of all common law jurisdictions except the United States. The committal procedure, sometimes known as a prelim ...
,
detention and
control
Control may refer to:
Basic meanings Economics and business
* Control (management), an element of management
* Control, an element of management accounting
* Comptroller (or controller), a senior financial officer in an organization
* Controllin ...
(formally called distress or
distraint
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 countries. Distraint is the act or process "whereby a person (the ''distrainor''), traditionally even ...
). These functions can also be carried out by employees of private companies authorised by the
Ministry of Justice A Ministry of Justice is a common type of government department that serves as a justice ministry.
Lists of current ministries of justice
Named "Ministry"
* Ministry of Justice (Abkhazia)
* Ministry of Justice (Afghanistan)
* Ministry of Just ...
. In July 2013 HM Court Service announced it is to fully contract out the whole of the compliance and enforcement process to a private company; this would involve the transfer of over 500 of its employees. This decision led to official strike action by some employees on 30 July 2013.
=Certificated enforcement agents
=
Certificated enforcement agents are used by local authorities, Her Majesty's Courts and Tribunals Service and landlords for a variety of reasons such as collection of taxes, road traffic debts and commercial rent arrears.
=County Court bailiffs
=
County Court bailiffs remain directly employed by HM Courts Service, carrying out enforcement for the
County Court
A county court is a court based in or with a jurisdiction covering one or more counties, which are administrative divisions (subnational entities) within a country, not to be confused with the medieval system of ''county courts'' held by the high ...
. The current frequency of different types of case means that they are mainly involved in recovering payment of unpaid
County Court judgment
Description
In England and Wales, County Court judgments (CCJs) are legal decisions handed down by the County Court. Judgments for monetary sums are entered on the statutory Register of Judgments, Orders and Fines, which is checked by credit ref ...
s;
like magistrates' bailiffs, they can seize and sell goods to recover a debt. They can also effect and supervise the possession of the property and the return of goods under hire purchase agreements, and serve court documents. They also execute arrest warrants and search warrants.
= High Court enforcement officers
=
A High Court enforcement officer has similar functions to a County Court bailiff, in that they execute writs and warrants for unpaid court judgements, and evict people from land where possession has been granted. The majority of the work of High Court enforcement officers is carried out by certificated enforcement agents acting under the authority of a senior High Court enforcement officer, often a director of an enforcement firm for whom the enforcement agent works.
Another officer of the High Court, the
tipstaff
The Tipstaff is an officer of a court or, in some countries, a law clerk to a judge. The duties of the position vary from country to country. It is also the name of a symbolic rod, which represents the authority of the tipstaff or other officials ...
, is an employee of HM Courts and Tribunals Service, and is concerned with enforcing certain judgements of the High Court, typically involving the enforcement of court orders relating to the custody of children in family law cases.
=Water bailiff
=
Water bailiffs also exist in England and Wales to police bodies of water and prevent
illegal fishing
Illegal, unreported and unregulated fishing (IUU) is an issue around the world. Fishing industry observers believe IUU occurs in most fisheries, and accounts for up to 30% of total catches in some important fisheries.
Illegal fishing takes pl ...
. They are generally employees of the
Environment Agency
The Environment Agency (EA) is a non-departmental public body, established in 1996 and sponsored by the United Kingdom government's Department for Environment, Food and Rural Affairs, with responsibilities relating to the protection and enha ...
and when executing their duties, have the powers and privileges of a police
constable
A constable is a person holding a particular office, most commonly in criminal law enforcement. The office of constable can vary significantly in different jurisdictions. A constable is commonly the rank of an officer within the police. Other peop ...
for the purpose of the enforcement of the
Salmon and Freshwater Fisheries Act 1975
The Salmon and Freshwater Fisheries Act 1975 is a law passed by the government of the United Kingdom in an attempt to protect salmon and trout from commercial poaching, to protect migration routes, to prevent willful vandalism and neglect of fish ...
.
=Farm bailiff
=
Farm bailiffs exist on
landed estates. The farm bailiff is employed by the
proprietor and his managerial duties can include collecting rent, taxes and supervising both farm operations and labourers. Historically, the estate would typically include a hall or
manor house
A manor house was historically the main residence of the lord of the manor. The house formed the administrative centre of a manor in the European feudal system; within its great hall were held the lord's manorial courts, communal meals w ...
, a home farm managed by the bailiff, several smaller farms occupied by tenants and possibly a tiny village (a collection of small cottages) in which the farm labourers lived.
=Epping Forest bailiffs
=
The
Epping Forest Act 1878 allows the conservators of the forest to appoint forest keepers, reeves and also bailiffs. These individuals may also be attested as a constable, although currently only forest keepers are sworn in. The forest currently has volunteer fishing bailiffs, who support forest keepers. As the Epping Forest Act does include this title of appointment, these individuals are statutory bailiffs and the title is not merely just historic.
=Jury bailiffs
=
Jury bailiffs are court ushers who monitor juries during their deliberations and during overnight stays.
=Colloquial uses of the word
=
As most people's contact with bailiffs is when a bailiff comes to take property to enforce debt, public perception does not usually distinguish between bailiffs and
debt collector
Debt is an obligation that requires one party, the debtor, to pay money or other agreed-upon value to another party, the creditor. Debt is a deferred payment, or series of payments, which differentiates it from an immediate purchase. The de ...
s. Indeed, many debt collectors often publicly refer to themselves as ''bailiffs''. However, it is illegal for a debt collector to call themselves a bailiff, if they are not – that is, if they are not a certified officer acting on a court order, they may not call themselves a ''bailiff''. Debt collectors do not have the powers or authority of a bailiff.
The officer appointed by a sheriff was also sometimes described as the sheriff's bailiff, on account of the similarity of the role. However, they are not the same, and
High Court enforcement officers have greater powers.
Due to the negative association with debt collection, in former times, in
the Fens
The Fens, also known as the , in eastern England are a naturally marshy region supporting a rich ecology and numerous species. Most of the fens were drained centuries ago, resulting in a flat, dry, low-lying agricultural region supported by a ...
of eastern England, the term ''Bailiff of
Bedford
Bedford is a market town in Bedfordshire, England. At the 2011 Census, the population of the Bedford built-up area (including Biddenham and Kempston) was 106,940, making it the second-largest settlement in Bedfordshire, behind Luton, whilst ...
'' was often used as slang for destructive floods of the
River Great Ouse
The River Great Ouse () is a river in England, the longest of several British rivers called "Ouse". From Syresham in Northamptonshire, the Great Ouse flows through Buckinghamshire, Bedfordshire, Cambridgeshire and Norfolk to drain into the Wa ...
.
Isle of Man
The High Bailiff is the head stipendiary magistrate in the
Isle of Man
)
, anthem = "O Land of Our Birth"
, image = Isle of Man by Sentinel-2.jpg
, image_map = Europe-Isle_of_Man.svg
, mapsize =
, map_alt = Location of the Isle of Man in Europe
, map_caption = Location of the Isle of Man (green)
in Europe ...
.
Republic of Ireland
In the
Republic of Ireland
Ireland ( ga, Éire ), also known as the Republic of Ireland (), is a country in north-western Europe consisting of 26 of the 32 counties of the island of Ireland. The capital and largest city is Dublin, on the eastern side of the island. A ...
, a bailiff () is an official appointed by the
Revenue Commissioners who is involved with the
enforcement of judgments, including
evictions and
repossession
Repossession, colloquially repo, is a "self-help" type of action, mainly in the United States, in which the party having right of ownership of the property in question takes the property back from the party having right of possession without in ...
s, and the collection of unpaid tax. A bailiff is subordinate to a
sheriff
A sheriff is a government official, with varying duties, existing in some countries with historical ties to England where the office originated. There is an analogous, although independently developed, office in Iceland that is commonly transla ...
.
Scotland
The Scottish form of this post is the ''bailie''. Bailies served as
burgh
A burgh is an autonomous municipal corporation in Scotland and Northern England, usually a city, town, or toun in Scots. This type of administrative division existed from the 12th century, when King David I created the first royal burghs. Burg ...
magistrate
The term magistrate is used in a variety of systems of governments and laws to refer to a civilian officer who administers the law. In ancient Rome, a '' magistratus'' was one of the highest ranking government officers, and possessed both judici ...
s 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
A justice of the peace (JP) is a judicial officer of a lower or ''puisne'' court, elected or appointed by means of a commission ( letters patent) to keep the peace. In past centuries the term commissioner of the peace was often used with the sa ...
serving in the
District Courts of Scotland
A district court was the least authoritative type of criminal court of Scotland. The courts operated under summary procedure and dealt primarily with minor criminal offences. The district courts were administered by the district councils estab ...
, these posts no longer holding any authority within the
local authority
Local government is a generic term for the lowest tiers of public administration within a particular sovereign state. This particular usage of the word government refers specifically to a level of administration that is both geographically-loca ...
as an administrative body. However, the term bailie is still used as an honorary title by
Glasgow City Council
Glasgow City Council is the local government authority for the City of Glasgow, Scotland. It was created in 1996 under the Local Government etc. (Scotland) Act 1994, largely with the boundaries of the post-1975 City of Glasgow district of the S ...
for a number of senior councilors 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
The Court of Session is the supreme civil court of Scotland and constitutes part of the College of Justice; the supreme criminal court of Scotland is the High Court of Justiciary. The Court of Session sits in Parliament House in Edinburgh ...
). These positions were to be 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. This enactment was never brought into effect and was repealed under schedule 4 of the
Public Services Reform (Scotland) Act 2010
The Public Services Reform (Scotland) Act 2010 was an Act of the Scottish Parliament making changes to the organisation of public services in Scotland. Among other provisions, it set up the development body for the arts and creative industries Crea ...
In Scotland, the office of
water bailiff
A water bailiff is a law-enforcement officer responsible for the policing of bodies of water, such as a river, lake or coast. The position has existed in many jurisdictions throughout history.
Scotland
In Scotland, under the Salmon and Freshwater ...
does exist, with power to enforce legislation relating to the illegal collection of salmon and trout.
Australia
In
Australia
Australia, officially the Commonwealth of Australia, is a Sovereign state, sovereign country comprising the mainland of the Australia (continent), Australian continent, the island of Tasmania, and numerous List of islands of Australia, sma ...
, a bailiff is an officer of a court exercising civil law jurisdiction who is charged with the duty and responsibility of executing the orders of the civil jurisdiction of the court. Those orders are contained in warrants or orders including typically to seize and sell personal & real property, to evict tenants, to arrest and bring persons to that court who have failed to appear when summoned and to arrest and convey to prison persons who disobey orders of that court.
The officers exercising criminal law jurisdiction are the police and policing agencies.
The officer of the Supreme Court of the State or Territory who fulfils these duties is the Sheriff of the State or Territory often simply referred to as "the Supreme Court Sheriff of
". The Sheriff's roles and responsibilities are however generally very much broader than those of a bailiff and not dealt with here. While traditionally the Sheriff and the bailiffs of the separate courts were each independent officers of the crown the trend in legal administration is to appoint a civil servant within the department of the respective Attorney General as Sheriff and they then engage, appoint or contract deputy sheriffs, sheriffs officers and bailiffs of the lower courts.
The bailiff operates within a defined geographical area (or areas), generally those of the jurisdiction of the court, and accordingly known as their bailiwick.
Traditionally bailiffs were required to serve, or attempt to serve, the other legal processes issued by their court however this is generally not an exclusive obligation on the bailiff and the serving of other court processes may be carried out by the litigants, their legal representatives or by persons carrying on business as process servers.
Bailiffs are not debt collectors though some may hold debt collecting licences and in a number of jurisdictions government has contracted as bailiffs, persons or corporations who previously or concurrently conduct business as debt collectors and or process servers.
Bailiffs were generally required to attend upon the sitting of their court to act as court orderlies, or ushers. The current trend favours use of specialist security businesses providing all aspects of security in courts. None the less the court orderlies (or ushers) so engaged may still occasionally be referred to as bailiffs.
There are legislated constraints upon persons or corporations calling themselves bailiffs, sheriffs or police and upon using those terms in business or corporation names.
The laws and practices pertaining to bailiffs and sheriffs are directly inherited from and modelled upon British law and legal precedents but subsequently modified by legislation enacted and precedents formed in each state or territorial jurisdiction.
Canada
In parts of Canada, bailiffs are responsible for the service of legal process. In some jurisdictions, duties of the bailiff include the service of legal documents, repossession and evictions in accordance with court judgments, application of wheel clamp
A wheel clamp, also known as wheel boot, parking boot, or Denver boot, is a device that is designed to prevent motor vehicles from being moved. In its most common form, it consists of a clamp that surrounds a vehicle wheel, designed to preven ...
s and the execution of arrest warrants. Some jurisdictions also require that applicants receive special training and have a degree in paralegal technology to become a bailiff.
Ontario
In Ontario
Ontario ( ; ) is one of the thirteen provinces and territories of Canada.Ontario is located in the geographic eastern half of Canada, but it has historically and politically been considered to be part of Central Canada. Located in Central Ca ...
, provincial bailiffs provide primary transportation of prisoners between correctional facilities such as jails and prisons. Under the Ministry of Correctional Services Act (Ontario), while transporting prisoners, bailiffs have the powers of police constable
A constable is a person holding a particular office, most commonly in criminal law enforcement. The office of constable can vary significantly in different jurisdictions. A constable is commonly the rank of an officer within the police. Other peop ...
s. 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. 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. Duties normally associated with bailiffs in other jurisdictions, such as residential evictions, seizures, and other processes order by the court, are performed by sheriff
A sheriff is a government official, with varying duties, existing in some countries with historical ties to England where the office originated. There is an analogous, although independently developed, office in Iceland that is commonly transla ...
s under the office of the Attorney General of Ontario
The Attorney General of Ontario is the chief legal adviser to His Majesty the King in Right of Ontario and, by extension, the Government of Ontario. The Attorney General is a senior member of the Executive Council of Ontario (the cabinet) and ...
or "private" bailiffs if initiated without a court order.
Private bailiffs are licensed by the Province of Ontario's Ministry of Consumer Services under the Bailiffs Act. Assistant bailiffs are similarly licensed, but must be supervised by a bailiff. Bailiffs in this capacity assist others who have a right to exercise self-help to repossess or seize something, or to evict under a ''commercial'' tenancy. Bailiffs are agents of the person contracting their services, not government employees or peace officers, and are prohibited from using force to seize goods or evict tenants.
United States
Many in the United States
The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country primarily located in North America. It consists of 50 states, a federal district, five major unincorporated territorie ...
use the word ''bailiff'' colloquially to refer to a peace officer providing court security. More often, these court officers are sheriff
A sheriff is a government official, with varying duties, existing in some countries with historical ties to England where the office originated. There is an analogous, although independently developed, office in Iceland that is commonly transla ...
's deputies, state troopers, marshal
Marshal is a term used in several official titles in various branches of society. As marshals became trusted members of the courts of Medieval Europe, the title grew in reputation. During the last few centuries, it has been used for elevated o ...
s, corrections officers or constable
A constable is a person holding a particular office, most commonly in criminal law enforcement. The office of constable can vary significantly in different jurisdictions. A constable is commonly the rank of an officer within the police. Other peop ...
s. The terminology varies among (and sometimes within) states.
In rural areas, this responsibility is often carried out by the junior lawyer in training under the judge's supervision called a law clerk
A law clerk or a judicial clerk is a person, generally someone who provides direct counsel and assistance to a lawyer or judge by researching issues and drafting legal opinions for cases before the court. Judicial clerks often play significant ...
who also has the title of bailiff.
Whatever the name used, the agency providing court security is often charged with serving legal process and seizing and selling property (e.g., replevin
Replevin () or claim and delivery (sometimes called revendication) is a legal remedy, which enables a person to recover personal property taken wrongfully or unlawfully, and to obtain compensation for resulting losses.
Etymology
The word "replevi ...
or foreclosure
Foreclosure is a legal process in which a lender attempts to recover the balance of a loan from a borrower who has stopped making payments to the lender by forcing the sale of the asset used as the collateral for the loan.
Formally, a mortg ...
). 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 or constable handles service of process and seizures.
Martha Symons Boies Atkinson
Martha (Hebrew language, Hebrew: מָרְתָא) is a Bible, biblical figure described in the Gospels of Gospel of Luke, Luke and Gospel of John, John. Together with her siblings Lazarus of Bethany, Lazarus and Mary of Bethany, she is describe ...
became the first female bailiff in the United States in 1870 in Wyoming.
France
In pre-revolutionary France
France (), officially the French Republic ( ), is a country primarily located in Western Europe. It also comprises of Overseas France, overseas regions and territories in the Americas and the Atlantic Ocean, Atlantic, Pacific Ocean, Pac ...
, ''bailiff'' (french: bailli, ) was the king's administrative representative during the ''ancien régime
''Ancien'' may refer to
* the French word for "ancient, old"
** Société des anciens textes français
* the French for "former, senior"
** Virelai ancien
** Ancien Régime
** Ancien Régime in France
{{disambig ...
'' in northern France, where the bailiff was responsible for the application of justice and control of the administration and local finances in his bailiwick
A bailiwick () is usually the area of jurisdiction of a bailiff, and once also applied to territories in which a privately appointed bailiff exercised the sheriff's functions under a royal or imperial writ. The bailiwick is probably modelled on th ...
(').
''Bailli'' (12th-century French ''bailif'', "administrative official, deputy") was derived from a Vulgar Latin
Vulgar Latin, also known as Popular or Colloquial Latin, is the range of non-formal Register (sociolinguistics), registers of Latin spoken from the Crisis of the Roman Republic, Late Roman Republic onward. Through time, Vulgar Latin would evolve ...
term ''*bajulivus'' meaning "official in charge of a castle", i.e. a royal castellan
A castellan is the title used in Medieval Europe for an appointed official, a governor of a castle and its surrounding territory referred to as the castellany. The title of ''governor'' is retained in the English prison system, as a remnant o ...
.
History
In the late 12th and early 13th century, King Philip II, an able and ingenious administrator who founded the central institutions on which the French monarchy's system of power would be based, prepared the expansion of the royal demesne through his appointment of bailiffs in the king's northern lands (the '' domaine royal''), based on the medieval fiscal and tax division known as the "" which had been used by earlier sovereign princes such as the Duke of Normandy
In the Middle Ages, the duke of Normandy was the ruler of the Duchy of Normandy in north-western Kingdom of France, France. The duchy arose out of a grant of land to the Viking leader Rollo by the French king Charles the Simple, Charles III in ...
. In Flanders
Flanders (, ; Dutch: ''Vlaanderen'' ) is the Flemish-speaking northern portion of Belgium and one of the communities, regions and language areas of Belgium. However, there are several overlapping definitions, including ones related to culture, ...
, the count appointed similar bailiffs ( nl, baljuw). The equivalent agent in the king's southern lands acquired after the inheritance of the County of Toulouse
The County of Toulouse ( oc, Comtat de Tolosa) was a territory in southern France consisting of the city of Toulouse and its environs, ruled by the Count of Toulouse from the late 9th century until the late 13th century.
The territory is the ...
was the seneschal
The word ''seneschal'' () can have several different meanings, all of which reflect certain types of supervising or administering in a historic context. Most commonly, a seneschal was a senior position filled by a court appointment within a royal, ...
.
Unlike the local administration of Norman England
England in the High Middle Ages includes the history of England between the Norman Conquest in 1066 and the death of King John, considered by some to be the last of the Angevin kings of England, in 1216. A disputed succession and victory at the ...
through sheriff
A sheriff is a government official, with varying duties, existing in some countries with historical ties to England where the office originated. There is an analogous, although independently developed, office in Iceland that is commonly transla ...
s drawn from the great local families, the French bailiff was a paid government official, who had no power network in the area to which he had been assigned, and, in the way of a true bureaucrat, owed his income and social status
Social status is the level of social value a person is considered to possess. More specifically, it refers to the relative level of respect, honour, assumed competence, and deference accorded to people, groups, and organizations in a society. Stat ...
wholly to the central administration that he represented. "He was therefore fanatically loyal to the king," Norman Cantor observes, "and was concerned only with the full exercise of royal power."[Cantor 1993, ''loc. cit.''.] The cathedral schools and the University of Paris
, image_name = Coat of arms of the University of Paris.svg
, image_size = 150px
, caption = Coat of Arms
, latin_name = Universitas magistrorum et scholarium Parisiensis
, motto = ''Hic et ubique terrarum'' (Latin)
, mottoeng = Here and a ...
provided the clerks and lawyers who served as the king's bailiff.
Magistrates
Under the Ancien Régime
''Ancien'' may refer to
* the French word for "ancient, old"
** Société des anciens textes français
* the French for "former, senior"
** Virelai ancien
** Ancien Régime
** Ancien Régime in France
{{disambig ...
in France, the '' bailli'' (earlier ''baillis''), or bailie, was the king's chief officer in a bailiwick
A bailiwick () is usually the area of jurisdiction of a bailiff, and once also applied to territories in which a privately appointed bailiff exercised the sheriff's functions under a royal or imperial writ. The bailiwick is probably modelled on th ...
or bailiery (''bailliage''), serving as chief magistrate for borough
A borough is an administrative division in various English-speaking countries. In principle, the term ''borough'' designates a self-governing walled town, although in practice, official use of the term varies widely.
History
In the Middle Ag ...
s and baronies Barony may refer to:
* Barony, the peerage, office of, or territory held by a baron
* Barony, the title and land held in fealty by a feudal baron
* Barony (county division), a type of administrative or geographical division in parts of the British ...
, administrator, military organizer, and financial agent. In southern France the term generally used was ''sénéchal'' who held office in a ''sénéchaussée''. The bailie convened a bailie court (''cour baillivale'') which was an itinerant court of first instance.
The administrative network of bailiwicks was established in the 13th century over the Crown lands (the '' domaine royal'') by Philip Augustus
Philip II (21 August 1165 – 14 July 1223), byname Philip Augustus (french: Philippe Auguste), was King of France from 1180 to 1223. His predecessors had been known as kings of the Franks, but from 1190 onward, Philip became the first French m ...
who commissioned the first bailiff under the name ''bailli''. They were based on pre-existing tax collection districts (''baillie'') which had been in use in formerly sovereign territories, e.g., the Duchy of Normandy. Bailie courts, as royal courts, were made superior over existent local courts; these lower courts were called:
* provost courts (''prévôtés royales''), sat by a provost (''prévôt
A ''prévôt'' () was a governmental position of varying importance in Ancien Régime France, typically referring to a civil officer, magistrate, head of cathedral or church, often anglicised as ''provost''. A unit of justice or court overseen by a ...
'') appointed and paid by the bailie;
* Norman
Norman or Normans may refer to:
Ethnic and cultural identity
* The Normans, a people partly descended from Norse Vikings who settled in the territory of Normandy in France in the 10th and 11th centuries
** People or things connected with the Norm ...
''vicomtés'', sat by a viscount (''vicomte'') (position could be held by non-nobles);
* elsewhere in northern France, '' châtellenies'', sat by a castel (position could be held by non-nobles);
* or, in the south, ''vigueries'' or ''baylies'', sat by a ''viguier'' or ''bayle''.
The bailie court was presided over by a lieutenant-bailie (''lieutenant général du bailli''). Bailie courts had appellate jurisdiction over lower courts (manorial court
The manorial courts were the lowest courts of law in England during the feudal period. They had a civil jurisdiction limited both in subject matter and geography. They dealt with matters over which the lord of the manor had jurisdiction, primarily ...
s, provost courts) but was the court of first instance for suits involving the nobility
Nobility is a social class found in many societies that have an aristocracy (class), aristocracy. It is normally ranked immediately below Royal family, royalty. Nobility has often been an Estates of the realm, estate of the realm with many e ...
. Appeal of bailie court judgments lay in turn with the provincial Parlement
A ''parlement'' (), under the French Ancien Régime, was a provincial appellate court of the Kingdom of France. In 1789, France had 13 parlements, the oldest and most important of which was the Parlement of Paris. While both the modern Fre ...
s. In an effort to reduce the Parlements' caseload, several bailie courts were granted extended powers by Henry II of France
Henry II (french: Henri II; 31 March 1519 – 10 July 1559) was King of France from 31 March 1547 until his death in 1559. The second son of Francis I and Duchess Claude of Brittany, he became Dauphin of France upon the death of his elder bro ...
and were thereafter called presidial courts (''baillages présidiaux''). Bailie and presidial courts were also the courts of first instance for certain crimes (previously the jurisdiction of manorial courts): sacrilege, treason
Treason is the crime of attacking a state authority to which one owes allegiance. This typically includes acts such as participating in a war against one's native country, attempting to overthrow its government, spying on its military, its diplo ...
, kidnapping, rape, heresy, money defacement, sedition, insurrection, and illegal bearing of weapons.
By the late 16th century, the bailie's role had become mostly symbolic, and the lieutenant-bailie was the only one to hear cases. The administrative and financial role of the bailie courts declined in the early modern period (superseded by the king's royal tax collectors and provincial governor
A governor is an administrative leader and head of a polity or political region, ranking under the head of state and in some cases, such as governors-general, as the head of state's official representative. Depending on the type of political ...
s, and later by intendant
An intendant (; pt, intendente ; es, intendente ) was, and sometimes still is, a public official, especially in France, Spain, Portugal, and Latin America. The intendancy system was a centralizing administrative system developed in France. In ...
s), and by the end of the 18th century, the bailiwicks, which numbered in the hundreds, had become purely judicial.
Ushers, beadles and tipstaffs
In medieval France court bailiffs did not exist as such, but their functions were carried out by several court officers. The ''ussier'' (modern ''huissier''), or usher, originally the doorkeeper, kept order in the court. The ''somoneor'' (mod. ''semonneur''), or court crier, adjourned and called the court to order and announced its orders or directions. The ''bedel'' (mod. ''bedeau''), or beadle, was the court's messenger and served process, especially summonses (''sumunse'', ''somonse'', mod. ''semonce''). And finally the ''sergens'' (mod. ''sergent''), or tipstaff
The Tipstaff is an officer of a court or, in some countries, a law clerk to a judge. The duties of the position vary from country to country. It is also the name of a symbolic rod, which represents the authority of the tipstaff or other officials ...
, enforced judgments of the court, seized property, and made arrests. The tipstaff's badge of authority was his ''verge'', or staff, made of ebony, about 30 cm long, decorated with copper or ivory, and mandatory after 1560.
The Parlement courts consolidated most of these functions in its tipstaff (''varlet''), and the rest of the court system followed suit as the tipstaff was given the broadest powers. During the Renaissance, the four officers were reduced to two—the ''huissier'' and ''sergent''—who took on all these functions, with the distinction being that the ''huissier'' served in higher courts and ''sergent'' in bailie courts (''sergent royal'') and manorial courts (''sergent de justice''). In 1705 the two professions were fused by royal edict under the name ''huissier''.
Low Countries and German-speaking lands
The office of bailiff was historically used in Flanders
Flanders (, ; Dutch: ''Vlaanderen'' ) is the Flemish-speaking northern portion of Belgium and one of the communities, regions and language areas of Belgium. However, there are several overlapping definitions, including ones related to culture, ...
, Zealand, the Netherlands
)
, anthem = ( en, "William of Nassau")
, image_map =
, map_caption =
, subdivision_type = Sovereign state
, subdivision_name = Kingdom of the Netherlands
, established_title = Before independence
, established_date = Spanish Netherl ...
, Hainault, and in northern France. The bailiff was a civil servant who represented the ruler in town and country. In Flanders the count usually appointed the bailiff.
In the Low Countries
The term Low Countries, also known as the Low Lands ( nl, de Lage Landen, french: les Pays-Bas, lb, déi Niddereg Lännereien) and historically called the Netherlands ( nl, de Nederlanden), Flanders, or Belgica, is a coastal lowland region in N ...
and German-speaking Europe this position was known as ''baljuw
A bailiff (from Middle English baillif, Old French ''baillis'', ''bail'' "custody") is a manager, overseer or custodian – a legal officer to whom some degree of authority or jurisdiction is given. Bailiffs are of various kinds and their offi ...
'' (from ''bailli''), but other words were used such as '' schout'' "reeve, (medieval) bailiff" (Holland
Holland is a geographical regionG. Geerts & H. Heestermans, 1981, ''Groot Woordenboek der Nederlandse Taal. Deel I'', Van Dale Lexicografie, Utrecht, p 1105 and former province on the western coast of the Netherlands. From the 10th to the 16th c ...
, Antwerp
Antwerp (; nl, Antwerpen ; french: Anvers ; es, Amberes) is the largest city in Belgium by area at and the capital of Antwerp Province in the Flemish Region. With a population of 520,504, , Mechelen
Mechelen (; french: Malines ; traditional English name: MechlinMechelen has been known in English as ''Mechlin'', from where the adjective ''Mechlinian'' is derived. This name may still be used, especially in a traditional or historical contex ...
, 's-Hertogenbosch
s-Hertogenbosch (), colloquially known as Den Bosch (), is a city and municipality in the Netherlands with a population of 157,486. It is the capital of the province of North Brabant and its fourth largest by population. The city is south of th ...
, Turnhout
Turnhout () is a Belgium, Belgian Municipalities in Belgium, municipality and city located in the Flemish Region, Flemish Provinces of Belgium, province of Antwerp (province), Antwerp. The municipality comprises only the city of Turnhout proper. ...
), ''meier'' "majordomo
A majordomo is a person who speaks, makes arrangements, or takes charge for another. Typically, this is the highest (''major'') person of a household (''domūs'' or ''domicile'') staff, a head servant who acts on behalf of the owner of a large ...
" (Asse, Leuven), '' drossāte'' "steward
Steward may refer to:
Positions or roles
* Steward (office), a representative of a monarch
* Steward (Methodism), a leader in a congregation and/or district
* Steward, a person responsible for supplies of food to a college, club, or other ins ...
, seneschal
The word ''seneschal'' () can have several different meanings, all of which reflect certain types of supervising or administering in a historic context. Most commonly, a seneschal was a senior position filled by a court appointment within a royal, ...
" (other parts of Brabant Brabant is a traditional geographical region (or regions) in the Low Countries of Europe. It may refer to:
Place names in Europe
* London-Brabant Massif, a geological structure stretching from England to northern Germany
Belgium
* Province of Bra ...
), ''amman'' (Brussels
Brussels (french: Bruxelles or ; nl, Brussel ), officially the Brussels-Capital Region (All text and all but one graphic show the English name as Brussels-Capital Region.) (french: link=no, Région de Bruxelles-Capitale; nl, link=no, Bruss ...
), and ''Amtmann'' and ''Ammann Ammann is a surname of German origin which is an alternative spelling of Amtmann or Amman, an historical kind of bailiff. Notable people with the surname include:
*Alberto Ammann, Argentine actor
* Daniel Ammann, Swiss author and journalist (born 1 ...
'' (Germany
Germany,, officially the Federal Republic of Germany, is a country in Central Europe. It is the second most populous country in Europe after Russia, and the most populous member state of the European Union. Germany is situated betwe ...
, Switzerland
). Swiss law does not designate a ''capital'' as such, but the federal parliament and government are installed in Bern, while other federal institutions, such as the federal courts, are in other cities (Bellinzona, Lausanne, Luzern, Neuchâtel ...
, Austria
Austria, , bar, Östareich officially the Republic of Austria, is a country in the southern part of Central Europe, lying in the Eastern Alps. It is a federation of nine states, one of which is the capital, Vienna, the most populous ...
). The ''Amtmann'' was the senior official appointed by a territorial lord to oversee the administration and jurisdiction of a manorial estate or equivalent.
Belgium
Most of the functions associated with the older Dutch-language
Dutch ( ) is a West Germanic language spoken by about 25 million people as a first language and 5 million as a second language. It is the third most widely spoken Germanic language, after its close relatives German and English. ''Afrikaans'' i ...
terms translated as bailiff in English, are no longer found in one officer. The modern Belgian terms ''huissier de justice
''huissier de justice'' (literally French for "justice usher"), sometimes anglicized as judicial officer, is an officer of the court in France, and The officer is appointed by a magistrate of the court (or in France, by the Minister of Justice ...
'' (in French
French (french: français(e), link=no) may refer to:
* Something of, from, or related to France
** French language, which originated in France, and its various dialects and accents
** French people, a nation and ethnic group identified with Franc ...
) or ''gerechtsdeurwaarder
''huissier de justice'' (literally French for "justice usher"), sometimes anglicized as judicial officer, is an officer of the court in France, and The officer is appointed by a magistrate of the court (or in France, by the Minister of Justice) ...
'' (in Dutch), however, are often, and inaccurately, translated into English as bailiff, though the latter under an Anglo Saxon law system is by no means identical to the former who is typical for many countries influenced by the Napoleonic Code. The bailiff is a sworn officer who may legally deliver exploits (process serving
Service of process is the procedure by which a party to a lawsuit gives an appropriate notice of initial legal action to another party (such as a defendant), court, or administrative body in an effort to exercise jurisdiction over that person s ...
), see to the execution of court orders such as the confiscation of goods, or make formal record of events, acts and circumstances. 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.
In auction catalogs published in Brussels at the beginning of the 20th century, the term "huissier" is associated with auction sales, i.e., vente aux enchères publiques par le ministère de Me Grégoire, huissier, 26, rue Josaphat, à Bruxelles. alerie Georges Giroux, November 27, 1937.
Netherlands
In Netherlands during the Middle Ages
In the history of Europe, the Middle Ages or medieval period lasted approximately from the late 5th to the late 15th centuries, similar to the post-classical period of global history. It began with the fall of the Western Roman Empire a ...
, the term bailiff translates to ''Baljuw
A bailiff (from Middle English baillif, Old French ''baillis'', ''bail'' "custody") is a manager, overseer or custodian – a legal officer to whom some degree of authority or jurisdiction is given. Bailiffs are of various kinds and their offi ...
'', which had various meanings and sometimes carried the same privileges and duties as the title ''Drost Drost is a Dutch occupational surname. A ''drost'' or '' drossaard '' was a kind of bailiff in the Low countries (see landdrost and seneschal). Notable people with the surname include:
*Epi Drost (1945–1995), Dutch footballer
* Erik Drost (born 1 ...
'' or ''Drossaard Seneschal of the Realm, Riksdrots (Swedish), Rigsdrost (Danish), or Valtakunnandrotsi (Finnish) (other plausible translations are Lord High Steward or Lord High Justiciar) is a Danish and Swedish name of a supreme state official, with at least a con ...
'', depending on the jurisdiction. Pieter Cornelisz Hooft
Pieter Corneliszoon Hooft (16 March 1581 – 21 May 1647) - Knight in the Order of Saint Michael - was a Dutch historian, poet and playwright who lived during the Dutch Golden Age in literature.
Life
Pieter Corneliszoon Hooft, often abbrevi ...
for example, carried both the titles ''"Drost van Muiden"'' and ''"Baljuw van Goeilandt"'', that were more or less honorary titles by that time. The two neighboring areas had needed the office to oversee the appointment of local council staff (mostly referred to as ''" schout & schepenen"''), whose most important interests were the passage of travelers and goods by water (Muiden) and overland (Gooiland). The Netherlands was governed by waterschap
In the Netherlands, a water board, water council or water authority ( nl, waterschap or heemraadschap) is a regional governing body solely charged with the management of surface water in the environment. Water boards are independent of administr ...
pen as well as by regional city councils, and both institutions once had honorary titles of Baljuw or Drost.
These days, the term "Bailiff" is not used in the Netherlands, except
for the position of president and some honorary Bailiffs of the Dutch branch of the Knights Hospitaller
The Order of Knights of the Hospital of Saint John of Jerusalem ( la, Ordo Fratrum Hospitalis Sancti Ioannis Hierosolymitani), commonly known as the Knights Hospitaller (), was a medieval and early modern Catholic Church, Catholic Military ord ...
.
A person who amongst others sees to the execution of court orders such as the confiscation of goods is called a deurwaarder.
Sovereign Military Order of Malta
In the Sovereign Military Order of Malta
The Sovereign Military Order of Malta (SMOM), officially the Sovereign Military Hospitaller Order of Saint John of Jerusalem, of Rhodes and of Malta ( it, Sovrano Militare Ordine Ospedaliero di San Giovanni di Gerusalemme, di Rodi e di Malta; ...
the term bailiff is used for an honour given to certain senior knights. The dignity of bailiff may be conferred upon:
* a Knight Grand Cross of Justice (i.e. a professed knight)
* a Knight Grand Cross of Honour and Devotion in Obedience
* a Knight Grand Cross of Honour and Devotion
* a Cardinal of the Holy Roman Church
A cardinal ( la, Sanctae Romanae Ecclesiae cardinalis, literally 'cardinal of the Holy Roman Church') is a senior member of the clergy of the Catholic Church. Cardinals are created by the ruling pope and typically hold the title for life. Col ...
The heads of several royal or princely houses who are Knights Grand Cross of Honour and Devotion usually receive the dignity of bailiff. These currently include King Albert II of Belgium
, house = Belgium
, father = Leopold III of Belgium
, mother = Astrid of Sweden
, birth_date =
, birth_place = Stuyvenberg Castle, Laeken, Brussels, Belgium
, death_date =
, death_place =
, signature = Albert II of Belgium Signa ...
; Franz, Duke of Bavaria
Franz Bonaventura Adalbert Maria Herzog von Bayern (born 14 July 1933), commonly known by the courtesy title Duke of Bavaria, is the head of the House of Wittelsbach, the former ruling family of the Kingdom of Bavaria. His great-grandfather Ki ...
; Louis Alphonse, Duke of Anjou
Louis Alphonse de BourbonHis name is given as "Prince Louis Alphonse of Bourbon and Martínez-Bordiú, Duke of Anjou" by Olga S. Opfell in ''Royalty who Wait: The 21 Heads of Formerly Regnant Houses of Europe'' (2001), p. 11. ( es, Luis Alfonso ...
; Hans-Adam II, Prince of Liechtenstein; Carl, Duke of Württemberg.
Non-Catholics who are heads or senior members of royal or princely houses may be granted the insignia of a Bailiff Knight Grand Cross of Honour and Devotion. These currently include King Simeon II of Bulgaria and George Mikhailovich Romanov
Grand Duke George Mikhailovich of Russia (russian: Георгий Михайлович Романов, Georgiy Mikhaylovich Romanov, also spelled ''Romanoff''; german: Georg Mikhailowitsch Romanow; born 13 March 1981) is the heir apparent to Ma ...
. They are permitted to wear the collar, star, and sash of a bailiff, but, not being Catholic, do not receive any of the spiritual benefits of membership in the Order.
Poland
In Poland
Poland, officially the Republic of Poland, is a country in Central Europe. It is divided into 16 administrative provinces called voivodeships, covering an area of . Poland has a population of over 38 million and is the fifth-most populous ...
, a court bailiff () is a public official (but not a civil servant) who is assigned to undertake enforcement action within the area of the jurisdiction of a single regional court (in Poland "''a regional court is established for one or more communes, and, in justified cases, more than one regional court may be established for a single commune''"*). With the 2008 amendment of ''the Court Bailiffs and Enforcement Act of 20 August 1997'' a bailiff is allowed to act in the whole territory of the Republic of Poland if and only if the creditors remark in the enforcement application that they exercise a right of selecting a bailiff. Then the bailiff acts beyond its area of action, which might result in a prolonged and ineffective enforcement. However, such practices are inadmissible when the creditors apply for the enforcement to be carried out in respect of real property and other property rights where the regulations on the execution on real property shall apply. The execution proceedings on real property must be conducted only by the court bailiff who acts within the area of the jurisdiction of the regional court which keeps land and mortgage register for that real property.
A court bailiff is an individual who is appointed to act as such by the minister of justice on application of the person concerned, filed via the intermediary of the president of the court of appeal, within whose area the candidate intends to perform acts in enforcement proceedings. Before appointing, the minister of justice shall request the council of the chamber of the court bailiffs to give the opinion of the candidate. The bailiffs are not employed by the regional courts (they act at the regional courts) but they are self-employed, which means that they have their own registered offices (named Bailiff's Office in...) and are remunerated by percentage on money recovered and the other fees specified in ''The Court Bailiffs and Enforcement Act of 20 August 1997''. The bailiff also incurs expenses including costs of correspondence, operating costs per kilometer when visiting debtors residing out of the place of bailiff's office; and the other expenses specified in above mentioned act. All those expenses incurred in the course of proceedings are to be covered by the debtor or by the creditor if the enforcement proceedings are ineffective. The regional courts supervise only the work of the bailiffs, especially with reference to the fastness, proficiency and accuracy of their activities; the correctness of office management and accounting. When enforcing the bailiffs are subordinate to the judicial decisions and president of the regional court. The bailiff acts on behalf of a creditor who is legally owed money. The creditor files an application for commencing enforcement proceedings and an original writ of execution with an enforcement clause inserted herein.
The court bailiffs are responsible for:
* enforcing judicial decisions concerning pecuniary and non-pecuniary claims,
* securing the aforesaid claims,
* enforcing other writs of execution issued pursuant to separate provisions and writs of execution requiring to be enforced pursuant to separate provisions by way of court enforcement without providing them with the enforcement clause,
* drawing up the report regarding the actual state of affairs before commencing legal proceedings and issuing decisions—if ordered by the court or prosecutor,
* serving court notices, announcements, objections, complaints and other documents against a receipt and date-annotation,
* exercising official supervision of the voluntary public auctions with adjudication to the lowest and highest bidder—upon a motion from the auction organizer.
(Sources: *www.ms.gov.pl/en/the-judiciary-in-poland/ Ustawa o komornikach sądowych i egzekucji z dnia 29.08.1997; Kodeks postępowania Cywilnego)
Sweden
The Swedish Enforcement Authority
The Swedish Enforcement Authority ( sv, Kronofogdemyndigheten; literally: ''The Crown Bailiff Authority'') is a government agency in charge of debt collection, distraint, evictions, and the enforcement of court orders in Sweden. The authority als ...
, ''Kronofogdemyndigheten'', literally: ''The Crown
The Crown is the state in all its aspects within the jurisprudence of the Commonwealth realms and their subdivisions (such as the Crown Dependencies, overseas territories, provinces, or states). Legally ill-defined, the term has different ...
Bailiff Authority'' is a government agency
A government or state agency, sometimes an appointed commission, is a permanent or semi-permanent organization in the machinery of government that is responsible for the oversight and administration of specific functions, such as an administrati ...
in charge of debt collection, distraint
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 countries. Distraint is the act or process "whereby a person (the ''distrainor''), traditionally even ...
and evictions in Sweden
Sweden, formally the Kingdom of Sweden,The United Nations Group of Experts on Geographical Names states that the country's formal name is the Kingdom of SwedenUNGEGN World Geographical Names, Sweden./ref> is a Nordic country located on ...
.
Medieval Italy
Byzantine Empire
See also
* Bailiff (order)
A bailiff (french: bailli, ) was a high official in the Knights Hospitaller who directed one of its bailiwicks abroad or one of the national associations (" tongues") at its headquarters.
History
Bailiff was the rank and title of the head of each ...
* Catchpole
* Marshal
Marshal is a term used in several official titles in various branches of society. As marshals became trusted members of the courts of Medieval Europe, the title grew in reputation. During the last few centuries, it has been used for elevated o ...
* Vidame
Vidame () was a feudal title in France, a term descended from mediaeval Latin . Like the ''avoué'' or ''advocatus'', the ''vidame'' was originally a secular official chosen by the bishop of the diocese—with the consent of the count—to pe ...
References
External links
{{Wiktionary, bailiff
Bailiff Powers in The UK
Private Bailiffs UK
Judiciary of Poland
Law enforcement occupations in the United Kingdom
Law enforcement occupations
Law of the United Kingdom
Legal history of the Ancien Régime
Political history of the Ancien Régime
Scots law general titles
Titles of national or ethnic leadership
Kingdom of Francebr>