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.
87-681: 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 was the term used by the Normans for what the Saxons had called a reeve :
174-507: A Vogtei in German, or a Voogdij in Dutch (Latin advocatia ). During earlier periods the jurisdiction could also be called a comitatus , literally a countship, because these offices were similar to those of early medieval counts, and "counties" were not yet necessarily seen as geographically defined. Terminology and customs evolved over time. In German for example, the delegated governor of
261-479: 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 a manor, therefore, would often oversee
348-434: 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
435-482: A Vogt could also be known locally as a Vogtland ( terra advocatorum ), a name still used to refer to a region, the Vogtland , that adjoins the principalities of Reuss and adjacent portions of Saxony , Prussia and Bavaria . Imperial advocacies tended to become hereditary. Sometimes the emperor himself assumed the title of Vogt , in application to parts of his eminent domain. An imperial ( Reichsvogt )
522-629: A city could be called a Stadtvogt , while the governor or rural estates could be called a Landvogt . A Burgvogt was a castle administrator or castellan , responsible for the general running of a castle and also for exercising judicial powers there. In addition to governing lands, forts and cities, the term advocatus (or Vogt, Voogd etc.) could be applied to more specific administrative functions delegated by territorial rulers, equivalent to English reeves and bailiffs . However other terms were also sometimes used for these such as Dutch schout , and German Schultheiss . Land administered by
609-399: A court system, to protect law and order. They exercised civil jurisdiction in the domain of the church or monastery and were bound to protect the church with arms in the event of an actual assault. Finally, it was their duty to lead the men-at-arms in the name of the church or monastery, and to command them in time of war. In return for these services, the advocate received certain revenues from
696-482: 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
783-488: 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
870-487: 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
957-418: 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,
SECTION 10
#17327657458871044-467: 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
1131-426: A rural gmina , whereas heads of urban gminas are called burmistrz (burgomaster), or president . In Danish , the word foged carries different connotations, all pertaining to guarding or keeping watch over something. In modern Danish law , the fogedret ( vogt court) administers the forcible enforcement and execution of judgments or other valid legal claims. The local bailiff ( distrainer )
1218-554: A sovereign canton , or acting on behalf of the Confederacy, or a subset thereof, administering a condominium ( Gemeine Herrschaft ) shared between several cantons. In the case of condominiums, the cantons took turns in appointing a Landvogt for a period of two years. In exceptional cases, the population of the Landvogtei was allowed to elect their own Landvogt . This concerned Oberhasli in particular, which
1305-460: 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
1392-420: 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
1479-536: Is called kihlakunnanvouti , where kihlakunta ( hundred ) is a local judicial district. Their duty is to enforce the financial judgements of the local courts. In practice, the vouti leads a team of assistant distrainers who process most distrainments/ garnishments . 51 %26 52 Vict. This is a complete list of acts of the Parliament of the United Kingdom for the year 1888 . Note that
1566-419: 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
1653-682: Is now Germany , the Netherlands , Belgium , Luxembourg , Switzerland , Austria , Slovenia as well as parts of neighbouring regions. In these lands title of advocate (German Vogt , Dutch Voogd ) was given not only to the advocati of churches and abbeys but also, from relatively early in the Middle Ages , to officials appointed by the Holy Roman Emperor to administer lands, castles and towns directly under his lordship. Such offices or jurisdictions were called for example
1740-429: The advocatus being chosen, either by the abbot alone, or by the abbot and bishop concurrently with the count . In the post-Carolingian period, it developed into a hereditary office, and was held by powerful nobles, who constantly endeavoured to enlarge their rights in connection with the church or the monastery. Conciliar decrees were passed as early as the ninth century to protect ecclesiastical institutions against
1827-534: 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
SECTION 20
#17327657458871914-563: 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
2001-407: 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
2088-572: The Old German idea of the Munt , or guardian, but also included some ideas of physical defence and legal representation (whence the connection with advocatus or "advocate"). Under the Carolingians , the duties of the church advocate were enlarged and defined according to the principles of government which prevailed in the reign of Charlemagne ; henceforward the advocatus ecclesiæ in
2175-560: 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
2262-564: 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
2349-489: 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
2436-511: The rediscovery of Roman law . The common thread which connects the different meanings of advocate is that someone is called upon to perform a function for others. While the term was eventually used to refer to many types of governorship and advocacy, one of the earliest and most important types of advocatus was the church advocate ( advocatus ecclesiae ). These were originally lay lords , who not only helped defend religious institutions from violence, but were also responsible for exercising
2523-542: 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 the services of a bailiff mainly arose from financial disputes; consequently, these assistants came to be closely associated with debt-collection, in
2610-407: 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
2697-580: 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 the powers of the hundred courts, to form county courts . The High Court acquired
Bailiff - Misplaced Pages Continue
2784-551: 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
2871-786: The English terms advocate and advowee , German terms are sometimes mentioned in English accounts of the Holy Roman Empire, and these include Vogt ( German: [foːkt] , from Old High German , also Voigt or Fauth ; plural Vögte ). The territory or area of responsibility of a Vogt is called a Vogtei (from [ad]vocatia ). Related terms include Dutch : (land-) voogd ; Danish : foged ; Norwegian : fogd ; Swedish : fogde ; Polish : wójt ; Finnish : vouti ; Lithuanian : vaitas ; and Romanian : voit . Ecclesiastical advocates were specially bound to represent their lords by managing
2958-597: 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
3045-588: 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
3132-476: The Netherlands. In surrounding parts of Europe the original Frankish church advocacies, and the later imperial advocacies were also influential, and evolved in various ways. In France , the advocati , known as avoués , were of two types. The first included secular lords, who held the advocateship ( avouerie ) of an abbey or abbeys, rather as an office than a fief, though they were indemnified for
3219-608: The Parliament of Ireland . For acts of the devolved parliaments and assemblies in the United Kingdom, see the list of acts of the Scottish Parliament , the list of acts of the Northern Ireland Assembly , and the list of acts and measures of Senedd Cymru ; see also the list of acts of the Parliament of Northern Ireland . The number shown after each act's title is its chapter number. Acts passed before 1963 are cited using this number, preceded by
3306-506: 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 a bailie was the chief officer of
3393-482: 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
3480-589: The advocates gave rise to disputes between them and the churches or monasteries. The bishops and abbots, who found their rights curtailed, appealed to the Holy Roman Emperor and the Pope for protection. In the twelfth century, warnings were issued from Rome, restraining the high-handed actions of the advocates under pain of severe ecclesiastical penalties, which still did not put an end to all the abuses that prevailed. On occasions, emperors and princes exercised
3567-438: 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
Bailiff - Misplaced Pages Continue
3654-449: The church since late antiquity, as it was not to act for itself in worldly affairs. Therefore, in areas such as the territories of abbeys and bishoprics, which by virtue of their ecclesiastical status were free (or immune) from the secular government of the local count ( Graf , in origin an administrative official in charge of a territory and reporting to the emperor), the Vogt fulfilled
3741-536: The close of the fifth century, but Pope Gregory I confined the office to members of the clergy. It was the duty of these defensores to protect the poor and defend the rights and possessions of the church. In the Frankish Kingdom , under the Merovingians , these lay representatives of the churches appeared as agentes, defensores and advocati . The concept of the Vogt was related to
3828-503: The comital or lordly responsibilities within the church's lands, such as the management of courts which could inflict a death penalty. In return they received an income from the lands, and the positions of these office-holders often came to be seen as inheritable titles themselves, with their own feudal privileges connected to them. The terms used in various European languages derive from a general Latin term for any person called upon ( Latin : ad vocatus ) to speak for another. Apart from
3915-571: 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
4002-432: 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,
4089-524: The end of the 11th century the title was being bestowed on mere castellans. The monks usually consulted their advocate before electing a new abbot, giving the advocate influence over the selection. When a nobleman founded or reformed a monastery, he usually became its advocate. In the 12th century, the office of the advocate was on the decline - a result of the Gregorian reforms . The Cistercian Order , for example, never allowed lay advocates. In England ,
4176-428: The excessive claims of their advocates, who indeed became a burden to their ecclesiastical clients in many ways. They dealt with the possessions entrusted to them as with their own property, plundered the church estate, appropriated tithes and other revenues, and oppressed in many ways those whom they were appointed to protect. The office, since it offered many advantages, was eagerly sought after. The excessive claims of
4263-621: 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")
4350-418: The first parliament of the United Kingdom was held in 1801; parliaments between 1707 and 1800 were either parliaments of Great Britain or of Ireland ). For acts passed up until 1707, see the list of acts of the Parliament of England and the list of acts of the Parliament of Scotland . For acts passed from 1707 to 1800, see the list of acts of the Parliament of Great Britain . See also the list of acts of
4437-441: The function of a protective lordship, generally commanding the military contingents of such areas ( Schirmvogtei ). Beyond that, he administered the high justice instead of the count from the Vogt court ( Landgericht , Vogtgericht or Blutgericht ). In private and family monasteries (see proprietary church ), the proprietor himself often also held the office of Vogt , frequently retaining it after reform of
SECTION 50
#17327657458874524-437: 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
4611-508: 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
4698-587: 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
4785-630: 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 . Vogt An advocatus , sometimes simply advocate , Vogt (German), or avoué (French),
4872-576: The last session of the Parliament of Great Britain and the first session of the Parliament of the United Kingdom are both cited as "41 Geo. 3". Acts passed from 1963 onwards are simply cited by calendar year and chapter number. All modern acts have a short title , e.g. the Local Government Act 2003. Some earlier acts also have a short title given to them by later acts, such as by the Short Titles Act 1896 . The third session of
4959-499: The law, and owning property in the—then still administrative—countship ( Grafschaft ). The churches, monasteries and canonries, as such, received advocates alike, who by degrees assumed the position above defined. Under the Carolingians, it was made obligatory for bishops , abbots and abbesses to appoint such officials in every county where they held property . The office was not at first hereditary nor even for life,
5046-494: 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 the High Bailiff of Westminster and
5133-444: The medieval sense. A Capitulary of about 790 ordained that the higher clergy, "for the sake of the church's honour, and the respect due to the priesthood" ( pro ecclesiastico honore, et pro sacerdotum reverentia ) should have advocates. Charlemagne, who obliged bishops, abbots and abbesses to maintain advocati , commanded to exercise great care in the choice of persons to fill the office; they must be judicious men, familiar with
5220-476: The office of an advocate, in which case they appointed deputy-advocates ( subadvocati ) to represent them. From the time of Charlemagne, who had such officials appointed in ecclesiastical territories not directly under the control of his counts, the Vogt was a state functionary representing ecclesiastical dignitaries (such as bishops and abbots) or institutions in secular matters, and particularly before secular courts. Such representatives had been assigned to
5307-456: 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 the bailiwick for which they were responsible. Throughout Norman England ,
SECTION 60
#17327657458875394-400: 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
5481-589: 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
5568-523: The possessions of the church in the form of supplies or services, which he could demand, or in the form of a lien on church property. Such advocates were to be found even in Roman times; a Synod of Carthage decreed, in 401, that the emperor should be requested to provide, in conjunction with the bishops, defensores for the churches. There is evidence, moreover, for such defensores ecclesiæ in Italy, at
5655-466: 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 ,
5742-691: The proprietorship (see also lay abbot ). The three-way struggle for control of the Vogtei of the more important abbacies, played out among the central monarchy, the Church and the territorial nobility, was well established as a prerogative of the nobility; the Hirsau formulary (1075) confirmed count Adalbert of Calw as hereditary advocate of the Abbey, an agreement so widely copied elsewhere in Germany that from
5829-403: The protection they afforded by a domain and preach revenues granted by the abbey: thus the duke of Normandy was advocatus of nearly all the abbeys in the duchy . The second class included the petty lords who held their advocateships as hereditary fiefs and often as their sole means of subsistence. An abbey's avoué , of this class, corresponded to a bishop's vidame . Their function
5916-565: 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, the County Courts Act 1888 ( 51 & 52 Vict. c. 43) renamed bailiffs as high bailiffs . This act also formally acknowledged right of
6003-608: 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
6090-617: 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
6177-530: 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
6264-565: 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
6351-454: The tenth century, the office developed into a hereditary possession of the higher nobility, who frequently exploited it as a way of extending their power and territories, and in some cases took for themselves the estates and assets of the church bodies for whose protection they were supposedly responsible. In Austria, the teaching of the Church that, according to canon law individuals were prohibited from exercising authority over Church property,
6438-488: The term advocate developed different meanings, and other terms were also sometimes used to represent similar offices. For example, Anglo-Norman comital functions for larger districts were executed by vicomtes in Normandy, and sheriffs in England. In contrast, the advocatus or advocate as an officer of a court of law , which is still current in modern English, first appeared in the 12th and 13th centuries, concomitant with
6525-473: The title landvoogd or gouverneur-generaal , which was for example the main title of Margaret of Parma . In modern Dutch , the word voogd is the primary word for the concept of legal guardian . After leaving the Holy Roman Empire, the title of Landvogt continued to be used in the Old Swiss Confederacy in 1415. A Landvogt ruled a Landvogtei , either representing
6612-445: 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
6699-600: 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
6786-430: The word advocatus was never used to denote a hereditary representative of an abbot; but in some of the larger abbeys there were hereditary stewards whose functions and privileges were not dissimilar to those of the continental advocati . Instead, the word advocatus , or more commonly avowee , was in constant use in England to denote the patron of an ecclesiastical benefice , whose sole right of any importance
6873-496: The year(s) of the reign during which the relevant parliamentary session was held; thus the Union with Ireland Act 1800 is cited as "39 & 40 Geo. 3 c. 67", meaning the 67th act passed during the session that started in the 39th year of the reign of George III and which finished in the 40th year of that reign. Note that the modern convention is to use Arabic numerals in citations (thus "41 Geo. 3" rather than "41 Geo. III"). Acts of
6960-409: Was a hereditary one of presenting a parson to the bishop for institution. In this way the hereditary right of presentation to a benefice came to be called in English an advowson ( Latin : advocatio ). In medieval Poland , a wójt was the hereditary head of a town (under the overlordship of the town's owner – the king, church, or noble). In modern Poland, a wójt is the elected head of
7047-660: Was a type of medieval office holder, particularly important in the Holy Roman Empire , who was delegated some of the powers and functions of a major feudal lord, or for an institution such as an abbey. They typically had responsibility for the "comital" functions which defined the office of early medieval " counts ", such as taxation, recruitment of militias, and maintaining law and order. This type of office could apply to specific agricultural lands, villages, castles, and even cities. In some regions, advocates came to be governors of large provinces, sometimes distinguished by terms such as Landvogt . In different parts of medieval Europe,
7134-517: Was an officer of the king, who served as administrator and judge of a subdivision of royal property, or of a royal abbey. The seat of an imperial Reichsvogt was often at an imperial city . When the imperial cities gained more independence, by the late Middle Ages, they took over their own governance. The land Vogt office of the Alsace , consisting of the ten imperial cities of the Décapole ,
7221-591: Was ceded to the king of France in 1648, but the cities remained part of the Holy Roman Empire. However, the cities were soon thereafter annexed by France. Several small land Vögte continued to exist until the end of the Empire in 1806, mainly in the Swabian Circle . In what is now the Netherlands, Belgium, and Luxembourg the Habsburg dynasty continued into modern times to rule through governors who used
7308-452: 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
7395-467: Was generally to represent the abbot in his capacity as feudal lord, act as his representative in the courts of his superior, exercise secular justice in the abbot's name in the abbatial court , and lead the retainers of the abbey to battle under the banner of the patron saint . The advocatus ecclesiae was also known as a custos or adjutator in the 10th and 11th centuries. Initially, only counts and dukes were appointed advocati , but by
7482-503: Was nominally a subject territory of Bern , but enjoyed a special status as a military ally. The office of Landvogt was abolished in 1798, with the foundation of the Helvetic Republic . Although the title of Duke of Burgundy was extinguished by the French king after the annexation of its ancestral lands in 1477, the Habsburg kings of Spain and archdukes of Austria continued to use the title to refer to their realms in
7569-504: Was only accepted reluctantly by the nobles. The rights of advocacy were bought back by the thirteenth- and fourteenth-century abbeys in alliance with the Babenberg and early Habsburg dukes; the abolition of the Vogtei ( Entvogtung ) thereby exchanged local secular jurisdiction for the protective overlordship of the duke of Austria , sometimes by forging charters that the duke confirmed. The medieval Holy Roman Empire included what
#886113