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67-682: The office of Tipstaff was originally military in nature. The Ordinances for Calais Act 1535 ( 27 Hen. 8 . c. 63) stipulating the personnel required to man the English castle at Calais said that there should be: The same act also gave instructions for selecting a replacement should a Tippstaff die in service. This appointment to be confirmed by the Comptroller and Treasurer of the Castle. The office then seems to have transferred to early forms of law enforcement. In 1555 when Reverend Rowland Taylor

134-677: 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 : the officer responsible for executing

201-479: 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

268-434: 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

335-494: 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,

402-486: 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

469-488: 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

536-489: 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

603-761: A means of protection and this is where the present day policeman's baton , or truncheon, originates. Examples remain at the Royal Courts of Justice and the Metropolitan Police Heritage Centre in London and vary depending on the type and rank of officer. These tipstaves were first carried in the late 18th and early 19th centuries. When detectives (in plain clothes) were first authorised, the tipstaves issued to plainclothes officers from 1867 were re-issued in 1870 and engraved "Metropolitan Police officer in plain clothes". The staff kept at

670-418: 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,

737-467: 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

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804-553: A role in ensuring that those children are delivered to the locations specified by the court. Tipstaves and court criers in Northern Ireland have no enforcement role, but act as personal assistants to high court and county court judges. In some states of the United States, a tipstaff is called a tipstave and is responsible for courtroom decorum. Their position is similar to that of a bailiff . The Civil Division of

871-776: A short title by acts of the Parliament of the United Kingdom (such as the Short Titles Act 1896 ). Acts passed by the Parliament of England were deemed to have come into effect on the first day of the session in which they were passed. Because of this, the years given in the list below may in fact be the year before a particular act was passed. The seventh session of the 5th Parliament of King Henry VIII (the Reformation Parliament) which met from 4 February 1536 until 14 April 1536. This session

938-589: A small number remain. There are currently two tipstaves in England and Wales: one is an officer of the Royal Borough of Kingston and the other an officer of the High Court of England and Wales , appointed under section 27 of the Courts Act 1971 . It is the latter to which this section refers. The High Court tipstaff may appoint three assistants and can call on any constable , bailiff or member of

1005-461: 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

1072-512: A symbol of authority and law enforcement. They also lead the lord mayor from their golden coach to the lord chief justice's court for the "swearing in" of the lord mayor‚ afterwards attending the Lord Mayor's Banquet, having led the lord chancellor into the guildhall. The black uniform‚ only worn on ceremonial occasions‚ is based on that of a Victorian police inspector. They wear a black hat with gold braid trimmings and jacket with silver buttons‚

1139-716: A wing collar with a white bow tie and white gloves. The tipstaff is the only person authorised to make an arrest within the precincts of the Royal Courts of Justice. Every applicable order made in the High Court is addressed to the tipstaff: "I hereby command you the Tipstaff and your assistants in His Majesty's name to take and safely convey and deliver the said ... to the Governor of His Majesty's Prison ...."(as in

1206-421: 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

1273-419: 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

1340-415: Is obliged to take into custody‚ no matter what the circumstances‚ anybody taken there by the tipstaff. A tipstaff may make the same demands of the custody suite within the Royal Courts of Justice itself, and they are obliged to take into custody any individual he brings there. The tipstaff heads a procession of the lord chancellor and judges at the start of the legal year‚ preceding them with their staff as

1407-535: 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

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1474-564: 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

1541-643: 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

1608-407: 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

1675-623: The Ontario Provincial Police and Royal Newfoundland Constabulary . In Australia, a tipstaff is roughly equivalent to a law clerk in the United States. The term is used principally in the Supreme Court of New South Wales and in the County Court of Victoria . In Ireland, a tipstaff is a personal aide to a judge. The role of tipstaff has been replaced by that of judicial assistant for judges appointed after 2011. No new tipstaves have been recruited since 2011 and only

1742-563: 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

1809-537: The Restoration in 1660. The number shown after each act's title is its chapter number. Acts are cited using this number, preceded by the years 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

1876-564: 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

1943-591: The list of acts and measures of Senedd Cymru ; see also the list of acts of the Parliament of Northern Ireland . For medieval statutes, etc. that are not considered to be acts of Parliament, see the list of English statutes . See also the List of ordinances and acts of the Parliament of England, 1642–1660 for ordinances and acts passed by the Long Parliament and other bodies without royal assent , and which were not considered to be valid legislation following

2010-489: 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

2077-407: 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

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2144-431: 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 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 by the Parliament of England did not have a short title ; however, some of these acts have subsequently been given

2211-454: 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

2278-551: 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

2345-599: 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

2412-529: 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

2479-471: The Municipal Court of Philadelphia employs tipstaves as clerks to the court. The Criminal Trial Division employs tipstaves in positions commonly referred to as court officers. 27 Hen. 8 Interregnum (1642–1660) Rescinded (1639–1651) This is a list of acts of the Parliament of England for the year 1535 . For acts passed during the period 1707–1800, see the list of acts of

2546-581: The Parliament of Great Britain . See also the list of acts of the Parliament of Scotland , and the list of acts of the Parliament of Ireland . For acts passed from 1801 onwards, see the list of acts of the Parliament of the United Kingdom . 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

2613-554: The Royal Courts of Justice is now only used on ceremonial occasions. It is 12 inches in length and made of ebony decorated with a silver crown and three bands of silver engraved with the Royal Arms at the top. Around the middle is inscribed "Amos Hawkins, Tipstaff Courts of Chancery" and around the bottom is inscribed "Appointed 14th January, 1884, by the Rt. Hon. The Earl of Selborne , L.C. " with another coat of Royal Arms. The date

2680-506: 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

2747-482: 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

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2814-438: 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

2881-408: The alleged abductor to hand their passport and other travel documents to the tipstaff, and order the tipstaff to take the child and deliver them to a designated place. There may also be a "port alert" executed by the tipstaff, to help prevent the child being taken abroad. In the case of children who have been declared a ward of court i.e. where the court is acting in loco parentis , a tipstaff has

2948-411: The case of making an arrest). The majority of their work involves taking children into custody (i.e. a place of safety)‚ including cases of child abduction abroad. In child abduction cases, there may be a "seek and locate" order backed by a bench warrant ordering any person with knowledge of the child to give that information to the tipstaff or to their deputy or assistants. Related orders may require

3015-571: 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

3082-432: 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,

3149-418: 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 ,

3216-559: 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")

3283-477: 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 the services of

3350-508: 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

3417-588: 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

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3484-495: 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

3551-443: The middle of the nineteenth century the term has transferred to a baton wielded by members of the embryonic police authorities, officers would arrest people by beating them with a tipped staff or stave. The staff was made of wood or metal or both, topped with a crown. The crown, which unscrewed, could be removed to reveal inside the hollow staff a warrant appointing the holder to their position of authority. Some staves were definitely

3618-400: 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

3685-589: 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

3752-467: 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 ,

3819-481: The public to assist in carrying out their duties. Their jurisdiction extends throughout England and Wales. They are authorised to force entry if necessary, and will have a police officer present to prevent breach of the peace. The relevant territorial police force is informed of arrests. Sometimes a local bailiff or police will detain a person in custody until the tipstaff arrives to collect them and take them to court or prison. Pentonville Prison (for civil offenders)

3886-616: 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

3953-618: 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

4020-531: 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

4087-565: 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

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4154-446: 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

4221-600: 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

4288-506: Was also traditionally cited as 27 H. 8 .. Note that cc. 29–59, 61–63 were traditionally cited as private acts cc. 1 – 31 , 32 – 34 respectively, and that c. 60 was not included in traditional collections of acts. Bailiff 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. Another official sometimes referred to as

4355-612: Was burned at the stake during the reign of Queen Mary I for his religious views that were contrary to those of Lord Chancellor Gardiner . Foxe's Book of Martyrs states that Taylor would have spoken to the people but as soon as he opened his mouth the yeoman of the guard thrust a tipstaff into his mouth, and would in no way permit him to speak. This is also quoted in Five English Reformers by J. C. Ryle . And by 1570 it has also attained some ceremonial functions, "The Knight Marshall with all hys tippe staves". By

4422-452: 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

4489-483: Was that on which this staff was first used, soon after the law courts were opened. Prior to 1884, each tipstaff had his own staff, which he retained when he retired. The emblem of two crossed tipstaves within a wreath appears on the rank insignia of senior police officers in several Commonwealth countries, including the United Kingdom and Australia . In Canada, the emblem is used for the most senior officers of

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