BAILIFF, (from the Lat. ballivus ; Fr. bailiff, i. e. Prafectus provincice,) signifies an officer ap pointed for the administration of justice within a cer tain district. The office, as well as the name, ap pears to have been derived by us from the French ; and it is probable that our sheriffs of counties were also anciently called bailiffs, as the county is still often called balliva, or bailiwick. In the statute of Magna Charta, c.28, and 14 Edw. III. c. 9, the word bailiff' would appear to comprehend sheriffs, as well as bailiffs of hundreds. As the kingdom is divided into counties, so every county is divided into hun dreds, within which, anciently, the people had jus tice administered to them by the several officers of every hundred, who were the bailiffs. And it ap pears from Bracton, (lib. iii. tract. 2. cap. 34,) that bailiffs of hundreds might anciently hOld plea of ap peal and approvers. But these hundred courts, cer tain franchises excepted, have been, since that time, swallowed up by the county courts ; and the bailiff's name and office is now grown into contempt, they being, in general, merely officers or messengers em ployed to serve writs, &c. within their liberties. In other respects, however, the name is still in good es teem ; the chief magistrates in many towns being called bailiffs: and sometimes the persons to whom the care of the king's castles is committed, are termed bailiffs ; as the Bailiff of Dover Castle, &c.
The ordinary bailiffs are of several sorts.
Bailiffs of Liberties, are those who are appointed by every lord within his liberty, to execute processes, &c. Bailiffs of liberties and franchises are to be sworn to take distresses, truly impanel jurors, make returns by indenture between them and sheriffs, &c. and shall he liable to punishment for malicious dis tresses, by fine and treble damages. 12 Edw. II. st. 1. c. 5 ; 14 Edw. III. st. 1. c. 9 ; 20 Edw. III. c. 8 ; 1 Edw. III. st. I. c. 5 ; 2 Edw. III. c. 4 ;
5 Edw. III. c. ; 11 Hen. VII. c. 15 ; 27 Hen. VIII. c. 21.; 3 Geo. I. c. 15, § 10.
Bailiff's of Sheri or sheriff's officers, are either bailiffs of hundreds, or special bailiffs. Bailiffs of hundreds are officers appointed by the sheriffs to col lect fines in their respective districts ; to summon juries ; to attend the judges and justices at the as sizes and quarter sessions ; and also to execute writs and processes in the several hundreds. But as these bailiffs of hundreds are generally plain men, and not thoroughly skilful in this latter part of their office, it is now usual to join special bailiff's with them. The sheriff being answerable for the misdemeanors of these bailiffs, they are therefore usually bound in a bond for the due execution of their offices, and arc thence called bound bailiffs ; which the common peo ple have corrupted into a much more homely appella tion.
Bailiffs of lords of manors, are those that collect their rents, and levy their fines and amercements, &c..
Bailiffs of Courts Baron, summon those courts, and execute the process thereof, &c.
Bailiff's of are the officers belonging to. private persons of property, who superintend the in. ferior servants, regulate their labour, &c.
Bailiff, Water, is an officer anciently established in all seaport towns, for the searching of ships., 28 Hen. VI. c. 5.
Such an officer still exists-in the city of London, who supervises and searches all fish brought thither, and gathers the toll off the river Thames. He also attends the Lord Mayor in his excursions by water, and marshals the guests at table. He can also arrest for debt, &c. on the river Thames, by warrant of his superiors.
There are different other denominations of bailiffs to be met with in this and other countries ; such as, provincial, royal, itinerant, and heritable bailiff s ; bailiffs of France, of the empire, of boroughs, &c. See Blackst. Comment. Jacob's Law Did. (z)