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Bouvier's Law Dictionary, Revised 6th Edition (1856)

BAILIFF, account render. A bailiff is a person who has, by delivery, the
custody and administration of lands or goods for the benefit of the owner or
bailor, and is liable to render an account thereof. Co. Lit. 271; 2 Leon.
245; 1 Mall . Ent. 65. The word is derived from the old French word bailler,
to bail, that is, to deliver. Originally, the word implied the delivery of
real estate, as of land, woods, a house, a part of the fish in a pond; Owen,
20; 2 Leon. 194; Keilw. 114 a, b; 37 Ed. III. 7; 10 H. VII. 7, 30; but was
afterwards extended to goods and chattels. Every bailiff is a ,receiver, but
every receiver is not a bailiff. Hence it is a good plea that the defendant
never was receiver, but as bailiff. 18 Ed. III. 16. See Cro. Eliz. 82-3; 2
Anders. 62-3, 96-7 F. N. B. 134 F; 8 Co. 48 a, b.
2. From a bailiff is required administration, care, management, skill.
He is, therefore, entitled to allowance for the expense of administration,
and for all things done in his office, according to his own judgment,
without the special direction of his principal, and also for casual things
done in the common course of business: 1 Mall. Ent. 65, (4) 11; 1 Rolle, Ab.
125, 1, 7; Co. Lit. 89 a; Com. Dig. E 12 Bro. Ab. Acc. 18 Lucas, Rep. 23 but
not for things foreign to his office. Bro. Ab. Acc .26, 88; Plowd. 282b, 14;
Com. Dig. Acc. E13; Co. Lit. 172; 1 Mall. Ent. 65, (4) 4. Whereas, a mere
receiver, or a receiver who is not also a bailiff, is not entitled to
allowance for any expenses. Bro. Ab. Acc. 18; 1 Mall. Ent. 66, (4) 10; 1
Roll. Ab. 118; Com. Dig. E 13; 1 Dall. 340.
3. A bailiff may appear and plead for his principal in an assize; " and
his plea com- @mences " thus, " J. S., bailiff of T. N., comes " &c., not "
T. N., by his bailiff, J. S., comes," &c. 2 Inst. 415; Keilw. 117 b. As to
what matters he may plead, see 2 Inst. 414.


BAILIFF, office. Magistrates who for @merly administered justice in the
parliaments or courts of France, answering to the English sheriffs as
mentioned by Bracton. There are still bailiffs of particular towns in
England as the bailiff of Dover Castle, &c., otherwise bailiffs are now only
officers or stewards, &c. as Bailiffs of liberties, appointed by every lord
within his liberty, to serve writs, &c. Bailiff errent or itinerant,
appointed to go about the country for the same purpose. Sheriff 's bailies,
sheriff's officers to execute writs; these are also called bound bailiffs
because they are usually bound in a bond to the sheriff for the due
execution of their office. Bailiffs of court baron, to summon the court,
&c. Bailiffs of husbandry, appointed by private persons to collect their
rents and manage their estates. Water bailiffs, officers in port towns for
searching ships, gathering tolls, &c. Bac. Ab. h. t.