BAILIFF. A person to whom some au thority, care, guardianship, or jurisdiction is delivered, committed, or intrusted. Spelman, Gloss.
A sheriff's officer or deputy. 1 Blackstone, Comm. 344.
A magistrate, who formerly administered justice in the parliaments or courts of France, answering to the English sheriffs as men tioned by Braxton.
There are still bailiffs of particular towns in Eng land; as, the bailiff of Dover Castle, &c.; otherwise, bailiffs are now only officers or stewards, &c.; as, bailiffs of liberties, appointed by every lord within his liberty, to serve writs, &o.; bailiffs errant ar itinerant, appointed to'go about the country for the same purpose; sheriff's bailiffs, sheriff's officers to execute writs; these are also called bound bailiffs, because they are usually bound in a bond to the sheriff for the due execution of their office; bailiffs of court. baron, to summon the court, &c.; bailiffs of husbandry, appointed by private persons to col. lect their rents and manage their estates; water bailiffs, officers in port towns for searching ships, gathering tolls, &c. Baoon, Abr.
In account render. 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 render an account thereof. Coke, Litt. 271 ; 2 Leonh. 245 ; Story, Eq. Jur. 446.
The word is derived from the old French bailer, to deliver, and originally implied the delivery of real estate, ae of land, woods, a house, a part of the fish in a pond, Ow. 20; 2 Leon. 194; Keilw. 114 a,
; 37 Edw. III. c. 7; 10 Hen. VII. c. 30; but was afterwards extended to goods and ehattele. Every bailiff is a receiver, hut every receiver is not a bailiff. Hence it is a good plea that the defendant never was receiver, but as bailiff. 18 Edw. III. 16. See Croke, Elk. 82, 83;'2 And. 62, 63; 96, 97; Fitz herbert, Nat. Brev. 134 F; 8 Coke, 48 a, b.
2. From a bailiff are required administra tion, care, management, skill. He is, there fore, entitled to allowance for the expense of administration, and for all things done in his office according to his own judgment with out the special direction of his principal, and also for casual things done in th'e com mon course of business, 1 Rolle, Abr. 125, 1, 7; Coke, Litt. 89 a; Comyns, Dig. E 12; Brooke, Abr. Acc. 18 ; but not for things foreign to his office. Brooke, Abr. Acc. 26, 88; Plowd. 282 b, 14 ; Comyns, Dig. Acc. E 13; Coke, Litt. 172. Whereas a mere re ceiver, or a receiver who is not also a bailiff, is not entitled to allowance for any expenses. Brooke, Abr. Acc. 18 ; 1 Rolle, Abr. 119 ; Comyns, Dig. E 13; 1 Dall. Penn. 340.
3. A bailiff may appear and plead for his principal in an assize ; " and his plea com mences" thus: " J. S., bailiff of T. N., comes," &c., not " T. N., by his bailiff J. S., comes," &c. Coke, 2d Inst. 415 ; Keilw. 117 b. As to what matters he may plead, see Coke, 2d Inst. 414.