BAILIFF - The word bailiff is of Norman origin, and was applied
in England, at an early period, (after the example, it is said,
of the French,) to the chief magistrates of counties, or shires,
such as the alderman, the reeve, or sheriff, and also of inferior
jurisdictions, such as hundreds and wapentakes. Spelman, voc.
Balivus; 1 Bl. Com.,344. See Bailli, Ballivus. The Latin ballivus
occurs, indeed, in the laws of Edward the Confessor, but Spelman
thinks it was introduced by a later hand. Balliva (bailiwick) was
the word formed from ballivus, to denote the extent of territory
comprised within a bailiff's jurisdiction; and bailiwick is still
retained in writs and other proceedings, as the name of a
sheriff's county. 1 Bl. Com., 344. See Balliva. The office of
bailiff was at first strictly, though not exclusively, a judicial
one. In France, the word had the sense of what Spelman calls
justitia tutelaris. Ballivus occurs frequently in the Regiam
Majestatem, in the sense of a judge. Spelman. In its sense of a
deputy, it was formerly applied, in England, to those officers
who, by virtue of a deputation, either from the sheriff or the
lords of private jurisdictions, exercised within the hundred, or
whatever might be the limits of their bailiwick, certain judicial
and ministerial functions. With the disuse of private and local
jurisdictions, the meaning of the term became commonly restricted
to such persons as were deputed by the sheriff to assist him in
the merely ministerial portion of his duty; such as the summoning
of juries, and the execution of writs. Brande.. The word
bailiff is also applied in England to the chief magistrates of
certain towns and jurisdictions, to the keepers of castles,
forests and other places, and to the stewards or agents of lords
of manors. Burrill's Law Dict.
"BAILIFF, (from the Lat. ballivus; Fr. baillif, i. e., Praefectus
provinciae,) signifies an officer appointed for the
administration of justice within a certain district. The office,
as well as the name, appears to have been derived from the
French," &c;. Brewster's Encyclopedia.
Millar says, "The French monarchs, about this period, were not
content with the power of receiving appeals from the several
courts of their barons. An expedient was devised of sending royal
bailiffs into different parts of the kingdom, with a commission
to take cognizance of all those causes in which the sovereign was
interested, and in reality for the purpose of abridging and
limiting the subordinate jurisdiction of the neighboring feudal
superiors. By an edict of Phillip Augustus, in the year 1190,
those bailiffs were appointed in all the principal towns of the
kingdom." Millar's Hist. View of the Eng. Gov., vol. ii., ch.
8, p. 126.
"BAILIFF- office. Magistrates who formerly administered justice
in the parliaments or courts of France, answering to the English
sheriffs, as mentioned by Bracton." Bouvier's Law Dict.
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