If bailiff do any thing which touches his bailiwick, as payment of rents
and such like, which are due in right of the manor, it is reasonable that
he should have the averment, but of a thing which doth not touch his
bailiwick it is not reasonable that he should have the averment without
warrantry. _42 E. 3. 6._ _Br. Accompt._ 26.
Where bailiff of franchise [under _23 H. 6. c. 9._] takes bailbond, to
himself, by the name of his office, sufficient in pleading to shew
generally that he is such a person as had authority to take bail.
_Comyns_, 380.
Debt upon bond by the plaintiff who was chief bailiff of the liberty of
Pontefract in Yorkshire, but he did not declare as _capital' ballivus_,
but yet by the whole court it was held good; for otherwise the defendant
might have craved _oyer_, and have [had] it entered _in hæc verba_, and
then have pleaded the statute of _23 H. 6._ that it was taken _colore
officii_, but now it shall be intended good upon the demurrer to the
declaration. And _Ellis, J._ said, that so it was lately resolved in this
court in the case of one Conquest. And judgement was given for the
plaintiff. _2 Mod._ 36.
[Sidenote: Inferior court.]
Bailiff of an inferior court the process whereof he executes, must shew
the jurisdiction of that court in pleadings. _1 Keble_, 53.
[Sidenote: Trial.]
Cary bailiff of Westminster _v._ Buckhurst for entering his liberty and
executing a _fi. fa._ Demurrer that it doth not appear how plaintiff was
seized of the office. Judgement for plaintiff, inquiry of damages to 49l.
Affirmed in error. Upon a trial the right must have been proved if the
defendant had taken issue, and no inconvenience in this form of
declaring. _1 Show_, 17. _Comb._ 31. _S. C._
[Sidenote: Tort.]
Where a bailiff is charged directly with a tort, it ought to be shewn
that he is bailiff of a liberty, who has _Returna Brevium_. _Comyns_, 379.
[Sidenote: Declaration v. bailiff.]
Declaration against bailiff of Westminster, because plaintiff doth not
say of what liberty he is bailiff, and whether he hath execution and
return, bad; because otherwise no colour to charge him, and therefore
ought to be specially shewn. _Cro. Car._ 330.
[Sidenote: Pernor.]
[Sidenote: Quo warranto.]
Against a _pernor_ the plaintiff need not shew how he claims the
privilege of return of writs; but in a _quo warranto_ where the defendant
must make a title he ought to shew it. _Hardres_, 423.
[Sidenote: Return of the writ.]
Bailiff of a liberty in justification need not shew the return of the
writ. _Cro. Car._ 447.
[Sidenote: Sheriffs return.]
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account