The bailiff of a franchise is an officer by himself, and hath not to do
with the sheriff. _21 H. 7. 23._
The bailiff of a liberty is not servant to the sheriff, for the sheriff
cannot make other return but according to that which the bailiff of the
liberty certifies him. _Keilwey_, 89.
[Sidenote: Kings bailiff.]
The Kings bailiff of his manor is immediate officer to the King. _33 H.
6. 29._
The bailiff of a liberty is such an officer as the court will take notice
of. _Pasch. 24 Car. B. R. Q. S. P. R._ 122.
CHAPTER II.
OF HIS CREATION OR APPOINTMENT, AND INTEREST IN HIS OFFICE
[Sidenote: Parol, patent or inheritance.]
One may be bailiff by a simple grant [i. e. by parol] or patent or
inheritance. _H. 33 H. 6. [3.]_ _Fitz. Monstrauns de faitz, &c._ 93.
[Sidenote: Bailiff of the King.]
A man may be bailiff of the King without patent or writing. _7 H. 7. 10._
_Br. Bailie. 46 & v. 2 & 9._
A man may be made bailiff to the King by naked matter of fact as well as
to a common person. _Keilwey_, 174, b.
If the King make one his bailiff of his manor, to which manor waif, stray
and leet are appendant, by patent, in this case the bailiff shall have
the waif, stray and leet, because he occupies in right of the King, and
he shall account to the King; and therefore this is an advantage of the
King, for which reason the bailiff shall have all. _8 H. 7. 3._
[Sidenote: Corporation.]
Corporation having return of writs may make bailiff (to execute them)
without writing, by parol. _Moor_, 552.
[Sidenote: Bailiff for life.]
But a man may not make bailiff or steward for life, or in fee, without
deed. _21 H. 7. 36._
[Sidenote: Discharge by purchaser.]
Bailiff of a manor[30] for life, with fee or other profits for the
execution of his office, cannot be discharged by a purchaser of the manor
(_contra_ if no fee or profit). _Cro. Eliz._ 859.
[30] Whatever is said of the bailiff of a manor is in general applicable
to the bailiff of a liberty, every liberty being likewise a manor;
though every manor be not a liberty.
CHAPTER III.
OF HIS QUALIFICATION.
[Sidenote: Sufficient land.]
By _4 E. 3. c. 9._, no sheriff, bailiff of hundred, wapentake, or
franchise, shall be henceforth if they have not land sufficient in the
places where they are ministers whereof to answer the King and his
people, in case any man will complain against them. Re-enacted by _5 E.
3. c. 4._
[Sidenote: Oaths.]
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