[31] By _1 W. and M. stat. 1. c. 8._, the oath of supremacy is taken
away, and certain other oaths substituted in lieu thereof.
CHAPTER IV.
OF HIS POWER AND CAPACITY; _i. e._ WHAT HE MAY OR MAY NOT DO OR BE.
[Sidenote: Steward.]
A bailiff may be steward of the same manor; for they may well stand both
together. (_29 H. 8._ in _Bro._) _Cro. Jac._ 178.
[Sidenote: Deputy.]
Bailiff of a liberty may well have a deputy. _Cro. Jac._ 242.[32]
[Sidenote: Lease of land.]
Bailiff of lord may lease the land, and good, at will, for he is
accountable, and debt lies for the lord. _2 E. 4. 4._ _Br. Bailie_, 32.
_Lease_, 34.
[Sidenote: Rent.]
But if he reserve no rent the lease is void. _1 Roll. Rep._ 258.
[Sidenote: Lease of piscary.]
Bailiff of a manor may lease the piscary for years. _3 H. 4 12b._ _1 Roll
Abr._ 339.
[Sidenote: Lease of manor.]
Bailiff cannot make lease of the manor, nor of parcel of the manor,
without especial command for that purpose. _M. 8 E. 4. 13._ _Fitz.
Bayllyff._ 3. _Br. Bailie_, 41.
[Sidenote: Lease of land.]
A bailiff cannot by any usage make lease of the land of his master [for]
an estate of freehold. _19 Ass._ 9. _1 Roll. Abr._ 339.
[Sidenote: Payments.]
Bailiff of a manor may pay rents issuing out of the manor, and shall have
allowance, but _e contra_ where he pays debts of the lord due by contract
or obligation, for this is out of his power. _4 H. 7. 14._ _Br. Bailie._
27.
[Sidenote: Cutting trees, &c.]
Bailiff may justify cutting the great trees for repair of a house, or the
covering of it as it was before, but not with more costly covering, and
the same law is of amending pale, hedge, or such like, without command of
his lord; but he cannot cover with tile what was before thatch, nor make
new house, nor make pale where hedge was before, unless by special
commandment of his master. _12 H. 7. 25._ _Br. Baillie_, 42. & _vide
plenius Trespas._ 288.
[Sidenote: Licence to walk over ground.]
A bailiff may give licence to another to walk over the ground, for this
is a trespass to the possession only, and the bailiff hath the
disposition of the profits of the possession. (_dub._) _1 Roll. Abr._ 339.
[Sidenote: Damage feasant.]
A bailiff of a manor may himself or command another to take beasts
_damage feasant_ on the land, for he hath the care of all things within
the manor. _1 Roll. Abr._ 339.
[Sidenote: General acts.]
He may do any thing for his masters benefit, but not to his prejudice
without his assent. _Cro. Jac._ 178.
And therefore he cannot give seisin of rent, nor exchange the lords land.
(_41 E. 3. 26_) _Cro. Jac._ 178.
[Sidenote: Distress for amerciament.]
Bailiff without special warrant from the steward cannot distrain for
amerciament in a leet. _Moore_, 607. 574.
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