Bailiff
Definition of Bailiff
Note: See a more comprehensive approach to the Bailiff legal concept in the American Law Encyclopedia
A court officer responsible for keeping order in the court. In most local courts, the Bailiff (Law of the United States) is a member of the Sheriff s Department, assigned to a court to provide a uniformed presence during all proceedings. The Bailiff (Law of the United States) also has official custody of the jury, which means he or she insures the security of jury deliberations. The Bailiff (Law of the United States) is usually also responsible for the custody of criminal defendants while they are in court.
See Also
Courtroom Work Group (Law of the United States).
Resources
Bailiff Related Resources
- Bailiff in the United States Legal Encyclopedia
- Judicial Personnel Keywords in the United States Legal Encyclopedia
- Judicial Personnel Keywords in the International Legal Dictionary
Notes
- “Bailiff”, The American Law Dictionary, 1991, California
Bailiff
In the Past
A bailiff is a person who has, by delivery, the custody and administration of lands or goods for the benefit of the owner or bailor and is liable to make an account tof this. Co. Lit. 271; 2 Leon. 245; 1 Mall. Ent. 65. There is further information on this topic in this legal reference. The word is derived from the old French word bailler, to bail, that is, to deliver. Originally, the word implied the delivery of real estate (or real property), as of land, woods, a house, a part of the fish in a pond; Owen, 20; 2 Leon. 194; Keilw. 114 a, b; 37 Ed. III. 7; 10 H. VII. 7, 30; but was afterwards extended to goods and chattels. Every bailiff is a,receiver, but every receiver is not a bailiff. Hence it is a good plea that the defendant never was receiver, but as bailiff. 18 Ed. III. 16. See Cro. Eliz. 82-3; 2 Anders. 62-3, 96-7 F. N. B. 134 F; 8 Co. 48 a, b.
Developments
From a bailiff is needd administration, care, management, skill. He is, therefore, entitled to allowance for the expense of administration and for all things done in his office, according to his own judgment, without the special direction of his main and also for casual things done in the common course of business: 1 Mall. Ent. 65, (4) 11; 1 Rolle, Ab. 125, 1, 7; Co. Lit. 89 a; Comyn's Digest (A digest of the laws of England, 1822) E 12 Bro. Ab. Acc. 18 Lucas, Rep. 23 but not for things foreign to his office. Bro. Ab. Acc .26, 88; Plowd. 282b, 14; Comyn's Digest (A digest of the laws of England, 1822) Acc. E13; Co. Lit. 172; 1 Mall. Ent. 65, (4) 4. Whereas, a mere receiver or a receiver who is not also a bailiff, is not entitled to allowance for any expenses. Bro. Ab. Acc. 18; 1 Mall. Ent. 66, (4) 10; 1 Roll. Ab. 118; Comyn's Digest (A digest of the laws of England, 1822) E 13; 1 Dall. 340.
Details
A bailiff may appear and plead for his main in an assize; ” and his plea com- mences ” therefore, ” J. S., bailiff of T. N., comes ” etc., not ” T. N., by his bailiff, J. S., comes,” etc. 2 Inst. 415; Keilw. 117 b. As to what matters he may plead, see 2 Inst. 414. [1]
Resources
Notes and References
- Partialy, this information about bailiff is based on the Bouvier's Law Dictionary, 1848 edition. There is a list of terms of the Bouvier's Law Dictionary, including bailiff.
See Also
Bailiff
In the Past
Magistrates who for merly administered justice in the parliaments or courts of France (see more about this legal system) , answering to the English sheriffs as mentioned by Bracton. There are still bailiffs of particular towns in England (see more about this legal system) as the bailiff of Dover Castle, etc. or bailiffs are now only officers or stewards, etc. as Bailiffs of liberties, appointed by every lord within his liberty, to serve writs, etc. Bailiff errent or itenerant, appointed to go about the country for the same purpose. sheriff (see law enforcement in the U.S. encyclopedia) 's bailies, sheriff's officers to execute writs; these are also called bound bailiffs because they are usually bound in a bond to the sheriff (see law enforcement in the U.S. encyclopedia) for the due exeecution of their office. Bailiffs of court baron, to summon the court, etc. Bailffs of hushandry, appointed by private people to collect their rents and manage their estates. Water bailiffs, officers in port towns for searching ships, gathering tolls, etc. Bac. Ab. h. t. [1]
Resources
Notes and References
- Partialy, this information about bailiff is based on the Bouvier's Law Dictionary, 1848 edition. There is a list of terms of the Bouvier's Law Dictionary, including bailiff.
See Also
Bailiff (Judicial Personnel)
Meaning of Bailiff
This is a brief definition of bailiff; a term used, in general, in the field of procedural law within the United States: A courtroom clerk or attendant, whose duties include keeping order in the courtroom and maintaining custody of the jury.
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