A bailiff is a manager, overseer or custodian – a legal officer to whom some degree of authority or jurisdiction is given. There are different kinds, and their offices and scope of duties vary.
53-719: Bayle can refer to: A position in medieval France and Spain similar to that of a bailiff Antoine Laurent Bayle , a French physician François Bayle , a French composer of acousmatic music George A. Bayle Jr., first to market peanut butter Jean-Michel Bayle , a French motorcycle racer Pierre Bayle , a philosopher Bayle Mountain in New Hampshire, United States Bayle Museum in Bridlington, East Yorkshire See also [ edit ] Bale (disambiguation) Beyle (disambiguation) Topics referred to by
106-475: A bailie was the chief officer of a barony ( baron bailie ), and in the Channel Islands they were the principal civil officers . With the introduction of justices of the peace ( magistrates ), magistrates' courts acquired their own bailiffs. Historically, courts were not only concerned with legal matters, and often decided administrative matters for the area within their jurisdiction. A bailiff of
159-434: A County Court bailiff, in that they execute writs and warrants for unpaid court judgements, and evict people from land where possession has been granted. The majority of the work of High Court enforcement officers is carried out by certificated enforcement agents acting under the authority of a senior High Court enforcement officer, often a director of an enforcement firm for whom the enforcement agent works. Another officer of
212-486: A court. It has been estimated by Citizens Advice those bailiffs had added £250 million in fees to people's debts in the 18 months up to March 2023. The organisation surveyed 6,274 adults in England and Wales across a month-long period from February to March 2023 who had an interaction or interactions with bailiffs. According to Citizens Advice over 33% who had an interaction with a bailiff suffered behaviour that broke
265-488: A fine and community penalty notice, and also execute warrants of arrest , committal , detention and control (formally called distress or distraint ). These functions can also be carried out by employees of private companies authorised by the Ministry of Justice . In July 2013 HM Court Service announced it is to fully contract out the whole of the compliance and enforcement process to a private company; this would involve
318-489: A home farm managed by the bailiff, several smaller farms occupied by tenants and possibly a tiny village (a collection of small cottages) in which the farm labourers lived. The Epping Forest Act 1878 allows the conservators of the forest to appoint forest keepers, reeves and also bailiffs. These individuals may also be attested as a constable, although currently only forest keepers are sworn in. The forest currently has volunteer fishing bailiffs, who support forest keepers. As
371-436: A manor, therefore, would often oversee the manor's lands and buildings, collect its rents, manage its accounts, and run its farms (see Walter of Henley ). In the 19th century, the administrative functions of courts were mostly replaced by the creation of elected local authorities (councils). Nevertheless, the term bailiff is retained as a title by the chief officers of various towns and the keepers of royal castles, such as
424-418: A number of jurisdictions government has contracted as bailiffs, persons or corporations who previously or concurrently conduct business as debt collectors and or process servers. Bailiffs were generally required to attend upon the sitting of their court to act as court orderlies, or ushers . The current trend favours use of specialist security businesses providing all aspects of security in courts. Nonetheless,
477-467: A number of offices either formally titled, or commonly referred to, as "bailiffs". Some of these bailiffs are concerned with executing the orders of the courts, generally around the collection of debts, and some exercise semi-official supervisory powers over certain activities. Those concerned with the execution of court orders are commonly referred to as bailiffs, although reforms to the law in 2014 have renamed all these positions to alternative titles. With
530-461: A suit. The officers who perform the role of "bailiff" vary by state. In some states, the role is filled by court officers who work for the judiciary. In other states, the role is filled by county sheriff 's deputies who are assigned to the court, state troopers , marshals , corrections officers or constables . The terminology varies among (and sometimes within) states. The same officers who serve as bailiffs typically have other duties in and around
583-464: A teacher, that "American undergraduate students read no mediæval work with greater pleasure than Walter of Henley's treatise." A manuscript of Walter of Henley's work dating from the fifteenth century stated that it was translated into English by Robert Grosseteste , Bishop of Lincoln . This attribution has often been considered a mistake, probably arising from the fact that Robert wrote his own agrarian treatise called Rules , but Power argues that it
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#1732775349848636-421: Is authorized by a county court judge to act as an under-bailiff. The County Courts Act 1888 restricted the hours an under-bailiff could execute a possession warrant, to only be between 6 a.m. and 10 p.m. (§ 142). It also limited the ability to bring a legal complaint against a bailiff; six days' notice now had to be given (§52). In the Channel Islands the bailiff is the first civil officer in each of
689-612: Is different from Wikidata All article disambiguation pages All disambiguation pages Bailiff Another official sometimes referred to as a bailiff was the Vogt . In the Holy Roman Empire a similar function was performed by the Amtmann . They are mostly known for being the officer that keeps the order in a court of law and who also administers oaths to people who participate in court proceedings. Bailiff
742-419: Is illegal for a debt collector to call themselves a bailiff, if they are not – that is, if they are not a certified officer acting on a court order, they may not call themselves a bailiff . Debt collectors do not have the powers or authority of a bailiff. The officer appointed by a sheriff was also sometimes described as the sheriff's bailiff, on account of the similarity of the role. However, they are not
795-535: The Bailiffs Act . Assistant bailiffs are similarly licensed, but must be supervised by a full bailiff. Bailiffs in this capacity assist others who have a right to exercise self-help to repossess or seize something, or to evict under a commercial (non-residential) tenancy. Bailiffs are agents of the person contracting their services, not government employees or peace officers, and are prohibited from carrying weapons or using force to seize goods or evict tenants. In
848-564: The County Court . The current frequency of different types of case means that they are mainly involved in recovering payment of unpaid County Court judgments ; like magistrates' bailiffs, they can seize and sell goods to recover a debt. They can also effect and supervise the possession of the property and the return of goods under hire purchase agreements, and serve court documents. They also execute arrest warrants and search warrants. A High Court enforcement officer has similar functions to
901-643: The County Courts Act 1888 ( 51 & 52 Vict. c. 43) renamed bailiffs as high bailiffs . This act also formally acknowledged right of the high bailiffs to appoint (and dismiss) under-bailiffs as they wished, and establishing that the high bailiffs retain ultimate responsibility for their actions. High bailiff gradually became a purely ceremonial role, the court's clerk liaising with under-bailiffs directly. The Law of Distress Amendment Act 1888 ( 51 & 52 Vict. c. 21) enacts that no person may act as an under-bailiff to levy any distress for rent unless he
954-407: The Ministry of Correctional Services Act , while transporting prisoners, bailiffs have the powers of police constables . When necessary, Provincial correctional officers will act as bailiffs for short and long term assignments and full-time bailiffs are typically recruited from the correctional officer ranks. Provincial bailiffs are armed with expandable batons and pepper spray and operate under
1007-563: The Republic of Ireland , a bailiff ( Irish : báille ) is an official appointed by the Revenue Commissioners who is involved with the enforcement of judgments , including evictions and repossessions , and the collection of unpaid tax. A bailiff is subordinate to a sheriff . In Australia , a bailiff is an officer of a court exercising civil law jurisdiction who is charged with the duty and responsibility of executing
1060-564: The United States , the word bailiff colloquially means any officer who keeps order in the courtroom while a court of law is in session. A bailiff provides physical security, handles prisoners, guards the jury, performs a number of ancient traditional duties (such as ordering "All rise!" when the judge enters, escorting witnesses to the stand, etc.), and in some jurisdictions, they may assist the trial judge in administrative tasks like scheduling or communications between judges and parties to
1113-489: The local authority as an administrative body. However, the term bailie is still used as an honorary title by Glasgow City Council for a number of senior councilors who can deputise for the Lord Provost . The Scottish equivalent of a sheriff's bailiff or high bailiff is the sheriff officer (for the sheriff court ) or the messenger-at-arms (for the court of session ). These positions were to be abolished by §60 of
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#17327753498481166-407: The 19th-century renaming of bailiffs to "high bailiffs", their under-bailiffs generally came to be referred to as bailiffs themselves. The powers and responsibilities of these bailiffs depend on which type of court they take orders from. In emulation of these responsibilities, a number of roles established by 19th century statute laws have also been named "bailiffs", despite not having a connection to
1219-551: The Bankruptcy and Diligence etc. (Scotland) Act 2007, and replaced with the office of judicial officer under §57(1) of that enactment. This enactment was never brought into effect and was repealed under schedule 4 of the Public Services Reform (Scotland) Act 2010 In Scotland, the office of water bailiff does exist, with power to enforce legislation relating to the illegal collection of salmon and trout. In
1272-599: The Epping Forest Act does include this title of appointment, these individuals are statutory bailiffs and the title is not merely just historic. Jury bailiffs are court ushers who monitor juries during their deliberations and during overnight stays. As most people's contact with bailiffs is when a bailiff comes to take property to enforce debt, public perception does not usually distinguish between bailiffs and debt collectors . Indeed, many debt collectors often publicly refer to themselves as bailiffs . However, it
1325-597: The High Bailiff of Westminster and the Bailiff of Dover Castle . In Scotland , bailie now refers to a municipal officer corresponding to an English alderman . In the 20th century, the court system in England was drastically re-organised, with the assize courts taking some of the powers of the shire courts, and becoming the High Court of Justice ; in turn, the remaining elements of the shire court took over
1378-588: The High Court, the tipstaff , is an employee of HM Courts and Tribunals Service, and is concerned with enforcing certain judgments of the High Court, typically involving the enforcement of court orders relating to the custody of children in family law cases. Water bailiffs also exist in England and Wales to police bodies of water and prevent illegal fishing . They are generally employees of the Environment Agency and when executing their duties, have
1431-482: The Sheriff and the bailiffs of the separate courts were each independent officers of the crown the trend in legal administration is to appoint a civil servant within the department of the respective Attorney General as Sheriff and they then engage, appoint or contract deputy sheriffs, sheriffs officers and bailiffs of the lower courts. The bailiff operates within a defined geographical area (or areas), generally those of
1484-438: The agency providing court security is often the same agency charged with serving legal process and seizing and selling property (e.g., replevin or foreclosure ). In some cases, the duties are separated between agencies in a given jurisdiction. For instance, a court officer may provide courtroom security in a jurisdiction where a sheriff or constable handles service of process and seizures. Martha Symons Boies Atkinson became
1537-547: The bailiwick for which they were responsible. Throughout Norman England , the Saxon and Norman populations gradually mixed, and reeve came to be limited to shire -level courts (hence sheriff as a contraction of "shire-reeve"), while bailiff was used in relation to the lower courts. Primarily then, bailiff referred to the officer executing the decisions of manorial courts , and the hundred courts . Likewise, in Scotland
1590-571: The court orderlies (or ushers) so engaged may still occasionally be referred to as bailiffs. There are legislated constraints upon persons or corporations calling themselves bailiffs, sheriffs or police and upon using those terms in business or corporation names. The laws and practices pertaining to bailiffs and sheriffs are directly inherited from and modelled upon British law and legal precedents but subsequently modified by legislation enacted and precedents formed in each state or territorial jurisdiction. In parts of Canada, bailiffs are responsible for
1643-432: The courthouse, such as providing general security, guarding prisoners in the courthouse lock-up, etc. However, in some states the role of bailiff is primarily ceremonial (more akin to a "sergeant at arms" ) and may be performed by the judge's law clerk (a junior lawyer in training under the judge's supervision). In those cases, physical security and prisoner handling would be handled by other officers. Regardless of title,
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1696-622: The first female bailiff in the United States in 1870 in Wyoming. In pre-revolutionary France , bailiff ( French : bailli , French pronunciation: [baji] ) was the king's administrative representative during the ancien régime in northern France, where the bailiff was responsible for the application of justice and control of the administration and local finances in his bailiwick ( baillage ). Bailli (12th-century French bailif , "administrative official, deputy")
1749-508: The jurisdiction of the court, and accordingly known as their bailiwick. Traditionally bailiffs were required to serve, or attempt to serve, the other legal processes issued by their court however this is generally not an exclusive obligation on the bailiff and the serving of other court processes may be carried out by the litigants, their legal representatives or by persons carrying on business as process servers. Bailiffs are not debt collectors though some may hold debt collecting licences and in
1802-588: The jurisdiction of the provincial Ministry of the Solicitor General . Duties normally associated with bailiffs in other jurisdictions, such as residential evictions, seizures, and other processes order by the court, are performed by sheriffs under the office of the Attorney General of Ontario or "private" bailiffs if initiated without a court order. Private bailiffs are licensed by the Ministry of Public and Business Service Delivery under
1855-581: The king's northern lands (the domaine royal ), based on the medieval fiscal and tax division known as the " baillie " which had been used by earlier sovereign princes such as the Duke of Normandy . In Flanders , the count appointed similar bailiffs ( Dutch : baljuw ). The equivalent agent in the king's southern lands acquired after the inheritance of the County of Toulouse was the seneschal . Walter of Henley Walter of Henley ( Walter de Henley )
1908-400: The orders of the civil jurisdiction of the court. Those orders are contained in warrants or orders including typically to seize and sell personal & real property, to evict tenants, to arrest and bring persons to that court who have failed to appear when summoned and to arrest and convey to prison persons who disobey orders of that court. The officers exercising criminal law jurisdiction are
1961-589: The police and policing agencies. The officer of the Supreme Court of the State or Territory who fulfils these duties is the Sheriff of the State or Territory often simply referred to as "the Supreme Court Sheriff of <the State or Territory>". The Sheriff's roles and responsibilities are however generally very much broader than those of a bailiff and not dealt with here. While traditionally
2014-467: The powers and privileges of a police constable for the purpose of the enforcement of the Salmon and Freshwater Fisheries Act 1975 . Farm bailiffs exist on landed estates . The farm bailiff is employed by the proprietor and his managerial duties can include collecting rent, taxes and supervising both farm operations and labourers. Historically, the estate would typically include a hall or manor house ,
2067-475: The powers of the hundred courts, to form county courts . The High Court acquired the sheriffs , the county courts the bailiffs. Bailiffs were now appointed by a county court judge and were removable by the Lord Chancellor . A bailiff could, for practical reasons, delegate his responsibilities, in regard to some particular court instruction, to other individuals. As the population expanded, the need for
2120-616: The rules of the Ministry of Justice . These behaviours included bailiffs breaking and entering into homes and bailiffs not considering illnesses or disabilitiess. Almost 60% of those who interacted with a bailiff reported harassment or intimidation, misrepresentation of powers and threats to break into homes. 72% of respondents reported that interactions with bailiffs had impacted their mental health and 49% reported long-term financial consequences. Civilian enforcement officers are employees of His Majesty's Courts and Tribunals Service , and can seize and sell goods to recover money owed under
2173-440: The same term [REDACTED] This disambiguation page lists articles associated with the title Bayle . If an internal link led you here, you may wish to change the link to point directly to the intended article. Retrieved from " https://en.wikipedia.org/w/index.php?title=Bayle&oldid=1229786550 " Categories : Disambiguation pages Occitan-language surnames Hidden categories: Short description
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2226-618: The same, and High Court enforcement officers have greater powers. Due to the negative association with debt collection, in former times, in the Fens of eastern England, the term Bailiff of Bedford was often used as slang for destructive floods of the River Great Ouse . The High Bailiff is the head stipendiary magistrate in the Isle of Man . The Scottish form of this post is the bailie . Bailies served as burgh magistrates in
2279-531: The service of legal process . In some jurisdictions, duties of the bailiff include the service of legal documents, repossession and evictions in accordance with court judgments, application of wheel clamps and the execution of arrest warrants. Some jurisdictions also require that applicants receive special training and have a degree in paralegal technology to become a bailiff. In Ontario , provincial bailiffs provide primary transportation of prisoners between correctional facilities such as jails and prisons. Under
2332-510: The services of a bailiff mainly arose from financial disputes; consequently, these assistants came to be closely associated with debt-collection, in the public's minds. By Shakespeare 's time, they had acquired the nickname bum-bailiffs , perhaps because they followed debtors very closely behind them; in France, the term pousse-cul (literally push-arse ) was similarly used for their equivalent officers. To avoid confusion with their underlings,
2385-537: The soil, owing nothing to their great classical forerunners." Power attributes the appearance of these treatises in the thirteenth century to the fact that an intellectual revival was fostered by the friars of the time, notably the Franciscans, while, at the same time, the studies of the English schoolmen were beginning to lean toward what we might call "physical and biological inquiry." Desmene (or manorial) farming
2438-565: The system of local government in Scotland before 1975 when the system of burghs and counties was replaced by a two-tier system of regional councils and district councils. The two-tier system was later replaced by a system of unitary authorities . Under the new arrangements the bailies were abolished and replaced by justices of the peace serving in the District Courts of Scotland , these posts no longer holding any authority within
2491-446: The transfer of over 500 of its employees. This decision led to official strike action by some employees on 30 July 2013. Certificated enforcement agents are used by local authorities, His Majesty's Courts and Tribunals Service and landlords for a variety of reasons such as collection of taxes, road traffic debts and commercial rent arrears. County Court bailiffs remain directly employed by HM Courts Service, carrying out enforcement for
2544-600: The two bailiwicks. He is appointed by the Crown , and holds office until retirement. He presides as a judge in the Royal Court , and takes the opinions of the jurats ; he also presides over the States Assembly (Jersey) or States of Guernsey , and represents the Crown on civic occasions. The bailiff in each island must, in order to fulfill his judicial role, be a qualified lawyer. In England and Wales , there are
2597-523: Was an English agricultural writer of the thirteenth century, writing in French. His known work is called Le Dite de Hosebondrie (or Husbandry ), written about 1280, and deals with the agricultural management of a manor . Little of Walter of Henley is known except that he once served in the office of bailiff . A manuscript of Husbandry housed at the University of Cambridge states that Walter
2650-435: Was at its height, creating a market for agrarian treatises among the great landowners, and indeed it is known that copies of the manuscripts were owned by religious houses which owned extensive lands. Walter of Henley employed a "rustic" style of writing, making use of proverbs in French and English to make his points memorable. His work makes for pleasurable reading, so much so that Professor Bertha Haven Putnam noted, as
2703-399: Was derived from a Vulgar Latin term *bajulivus meaning "official in charge of a castle", i.e. a royal castellan . In the late 12th and early 13th century, King Philip II , an able and ingenious administrator who founded the central institutions on which the French monarchy's system of power would be based, prepared the expansion of the royal demesne through his appointment of bailiffs in
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#17327753498482756-488: Was first a knight and then a friar-preacher, specifically a Dominican. Walter's Husbandry was one of four agrarian treatises that appeared in the thirteenth century, treatises said by medieval historian Eileen Power to be "undoubtedly the most original contribution of the Middle Ages to scientific agriculture. Their value lies," she noted, "in their strictly empirical character, for they appear to spring straight from
2809-565: Was the term used by the Normans for what the Saxons had called a reeve : the officer responsible for executing the decisions of a court. The duty of the bailiff would thus include serving summonses and orders, and executing all warrants issued out of the corresponding court. The district within which the bailiff operated was called his bailiwick , even to the present day. Bailiffs were outsiders and free men, that is, they were not usually from
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