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 Bla. Com. 344.
A court attendant, sometimes called a tip staff.
A magistrate, •who formerly administered justice in the parliaments or courts of France, answering to the English sheriffs as mentioned by Bracton.
There are still bailiffs of particular towns in England; as, the bailiff of Dover Castle, etc.; oth erwise, bailiffs are now only officers or stewards, etc. ; as, bailiffs of liberties, appointed by every lord within his liberty, to serve writs, etc.; bailiffs errant or itinerant, appointed to go about the nun try 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, etc.; bailiffs of husbandry, appointed by private per sons to collect their rents and manage their estates; water bailiffs, officers in port towns for searching ships, gathering toils, etc. Bacon, Abr.
A person acting in a ministerial capacity who has by delivery the custody and ad ministration of lands or goods for the bene fit of the owner or bailor, and is liable to render an account thereof. Co. Litt. 271; Story, Eq. Jur. § 446; Barnum v. Landon, 25 Conn. 149.
The word is derived from the old French bainer, to deliver, and originally implied the delivery of real estate, as of land, woods, a house, a part of the fish in a pond; Ow. 20 ; 2 Leon. 194; 37 Edw.
III. c. 7; 10 Hen. VII. c. 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 that the defendant nei6r was receiver, but was bailiff. 18 Edw. III. 16. 'fine Cro. Eliz, 82, 83; Fltzh. N. B. 134 F; 8 a, b.
From a bailiff are required administration, care, management, skill. He is entitled to allowance for the expense of administration, and for all things done in his office ing to his own judgment without the special direction of his principal, and also for easu.
al things done in the common course of busi ness ; Co. Litt. 89 a ; Com. Dig. E, 12 ; Brooke, Abr. Ace. 18 ; but not for things foreign to his of Brooke, Abr. Ace. 26, 88; Plowd. 282 b, 14 ; Coin. Dig. Ace. E, 13 ; Co. Litt. 172. Whereas a mere receiver, or a receiver who is not also a bailiff, is not entitled to allow ance for any expenses ; 1 Rolle, Abr. 119 ; Com. Dig. E, 13; James v. Browne, 1 Dall. (U. S.) 340, 1 L. Ed. 165.
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," etc., not "T. N., by his bailiff J. S., comes," etc. Co. 2d Inst. 415 ; Keilw. 117 b. As to what matters he may plead, see Co. 2d Inst. 414.