account render. A bailiff is a person who has, by
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.
Source: Bouviers Law Dictionary 1856 Edition
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