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Bails, Chrh of the, is an officer belonging to the court 

 of king's bench. He files the bail-pieces taken in that 

 court, and attends for that purpofe. 



BAILACAN, in Gcogrr.phy, a town of Armenia, iSi 

 miles ea^l of Erivan. 



BAILAN, a town of Syria, ten miles fouth of Alcxan- 

 drctta. 



EAILE, or Ba^.e, in the Sea Language. — The feamen 

 call lading or cafting the water by hand out of a boat or 

 fliip's hold with buckets, cans, or the like, ha'iUng. 



When the water is thus hcUed o\\K, they fay the lo-t is 

 fr.'eJ. Tliey alfo call thofc hoops that bear up the tilt of 

 the boat, its ba'des. 



BAILEMENT, in Law. See Bailment. 



BAILIAGE is ufed for the office of a bailiff, for the 

 place where he keeps his feat, and for the territor)- fubjcft 

 to his jurifdiftion ; which laft is alfo denominated ba'di'wkk. 



Bailiage, Water, is an ancient duty received by the city 

 of London, for all goods and merchandifes brought into or 

 carried out of the port. See Balliage. 



BAILIE, in Scots Lata, a judge anciently appointed 

 by the king over fiich lands not erected into a regality as 

 happened to fall to the crown by forfeiture or otherwife ; 

 now abolilbed. It is alfo the name of a magillrate in royal 

 boroughs, and of the judge appointed by a baron over lands 

 erefted into a barony. 



BAILIES, William, M. D. in Biography, praftifed 

 medicine at London, and then at Bath, about the middle 

 of the lalt century, but having a difpnte with Drj. Oliver 

 and Lucas, who had the greateft (hare of the bufinefs there, 

 he foon quitted that city, and went to Prufiin, and was 

 made phyfieian to Frederick the Great, to whom he was 

 recommended as a perfun of great knowledge and expe- 

 rience in his profeffion. The king telling him, on his 

 being introduced to him, he mult certainly have killed a 

 great number of perfons in the conri'e of acquiring his ex- 

 perience, the ph\ (ician is faid to have anfwertd, " pas tant 

 que votre majeilc" — not fo many as your majefty. The 

 bon mot happened not to difpleafe, and the doftor conti- 

 nued in favour with the king to the time of his death. 



In 1757, Dr. Baihes publifhed an elTay on the Waters of 

 Bath, with the view probably of making himfelf known 

 there : alio a narrative of faC^s, proving a confpiracy between 

 the Drs. Oliver and Lucas, to exclude him from all conful- 

 tations at Bath. Gen. Biog.Didt. 



BAILIFF, in 3. geiieral fcrife, denotes an officer appointed 

 for the adminiitration of juilice within a certain dillrict, 

 called bailiivick. 



The word is alfo written baik, baily, bayly, baylif, and 

 haiUif, in Latin baUivus. — It is formed from the French 

 haillif, that \% prsfeHus provinctie, oi bail, an old word denot- 

 ing a guardian or governor of a youth, originally derived 

 from the Latin bnjulus, which fignified the fame. 



Pafquier maintains, that bailiffs were originally a kind of 

 commiffiimers, or judges delegate, fent iito the provinces 

 to examine whether or no juilice were well diflributed by 

 the counts, who were then the ordinary judges. Loyleau, 

 with more probability, refers the origin of bailiffs to the 

 ufurpation and idleiiefs of the great lords, who, having got 

 the adminiitration of juilice into their own hands, and being 

 weary of tlic burden, turned it ever to their deputies, whom 

 they called bailiffs. 



The bailiffs had, at firft,the fuperintendence of arms, ofjuf- 

 tice, and of the (iiiances ; but abufing their power, they 

 were by degrees ftripped of it, and the greattll part ot their 

 authority transferred to their lieutenants, who were to be 



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men of the lonj robe. In France, they affumed fome 

 prerogatives, as being reputed the heads of their refpeftivc 

 diitricts ; in their name juilice was adminiftered, contract* 

 and other deeds paffcd, and to them was committed the com- 

 mand of the militia. 



From thefe the Englilh bailiffs originally took both their 

 name and their office : for as the French had eight parlia- 

 ments, which were fnpreme courts whence no appeal lay, 

 within the prccinils of the fcvenil parliaments or province's 

 and in which juilice was adminiftered by baihffs, at leait by 

 their lieutenants ; fo in England are feveral counties where- 

 in juflice was and is Hill adminillered by a vifcount or fficnff, 

 who appears likewife to have been called bailiff ; and his 

 dillrict or county, bailiwick or balliva. In the ftatutc of 

 magna charta, c. 28. and i4Edw. III. c. 9. the word 

 baihfl fcems to comprehend as well fheriffs, as bailiffs of 

 hundreds. Farther, the counties were again fubdivided 

 into hundreds ; within which it is manifeft, juftice was an- 

 ciently rendered by officers called bailiffs. And it appears 

 by Bradton (1. 3. tract. 2. c. 34.), that bailiffs of hundreds 

 might anciently hold plea of appeal and approvers. But 

 thofe lumdied-courts are now fwallowcd up by the County- 

 courts, certain franchifes alone excepted ; and the baihff's 

 name and office grown into fuch contempt, at leail thefe 

 bailiffs of hundreds, that they are now no more than bare 

 meffengers, and mandatories within their liberties, to ferve 

 writs, and Inch mean offices. In other refpeCts, the name 

 is Hill in good elleem ; for the chief magiilrates in divers 

 towns are called bailiffs ; and fometimes the perfons ta 

 whom the king's callles are committed are called bailiffs : 

 as the bailiff of Dover caltle, &c. 



Of the ordinary bailiffs, there a,*:; feveral forts; viz^ 

 bailiffs of liberties, fheriff's bailiffs, bailiffs of lordi of manors ; 

 bailiffs of hulhandry, &c. 



Bailiffs of Liberties, are thofe bailiffs who are appointed 

 by every lord within his liberty, to execute proccfs and per- 

 form fuch offices therein as the bailiff errant doth at large 

 in the county ; but baiiiffs errant or itinerant, as they were 

 formerly called, whq went up and down the country to 

 fer\'e proceis, are now out of ufe. 



Bailiffs of liberties and franchifes are to be fwom to tak» 

 diflrcffes, impanel jurors, make returns by indenture between 

 them and (heriffs, &c., and (hall be punilhed for malicious 

 diltreffes l»v fine and treble damages, bv ancient llatutes 

 12 Ed. II.' ft. I. c. 5. 14 Ed. III. it. I. 'c.9. 20 Ed. HI.. 

 c. 6. r Ed. HI. ft.i. c. 5. 2Ed. III. c.i. 5 Ed. HI. 

 c. 4. 1 1 Hen. VII. c. 15. 27 Hen. VIII. c. 24. 3 Geo. I. 

 c. 15. § 10. 



The bailiff of a liberty may make an inquifition and ex- 

 tent upon an elegit. Cro. Car. 319. Thefe bailiffs of liber- 

 ties cannot arretl a man without a wan-ant from the (heriff 

 of the county ; anii yet the iheriff may not enter the liberty 

 himfelf, at the fuit ot a fiibitft (unlefs it be on a quo minis, 

 or capias utlngatmn), with.out a clank; in his writ, non omitirt 

 propter aliquum libertatem, &c. If the (heriff, &c. enter* 

 the hberty without fuch power, the lord of the hberty may 

 have an aftion againil hm ; though the execution of the 

 writ may Hand good, r Vent. 406. 2 111)1.453. 



Bailikfs of Sherijjs, are either bailiffs of hundreds, or 

 fpecial bailiffs. Bailiffs of hundreds are" olTiccis appointed- 

 over thofe refpeCtive dillrlcts by the Iheriffs to collect fines 

 therein ; to fummon juiies; to attend the judges and jiulices 

 at the affifes and quarter ftffiiins •,. and alto to execute wr.ts 

 and proccfs in the feveral hundreds. But as thefe are ge- 

 nerally plain men, and not thoroughly ikiltui in this latter 

 part ot their office, tliat of lerv'iig writs, and making arrcltft 

 and executions, it is now ufual to join fpecial baihtfs wiiK 



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