6 zS B A I 
of detainer againft the prifoner, fee i Anne, ft.;. c. 6 . 
juftices of peace are required to bail officers of cuftoms. 
and excife, who kill perfons refilling. 9 Geo. 11 . c. 35. 
The court of King’s Bench and Judiciary in Scotland, are 
not retrained from bailing perfons committed for felonies, 
againft the laws of culloms or excife. 9 Geo. II. c.35. 
39 Geo. 11 . c. 34. 
Bail, or Bale, in the Tea-language : the throwing the 
water by liand out of the fiiip’s or boat’s hold is called 
bailing. They alfo call thofe hoops chat bear up the tilt. 
of a boat its bails. 
To Bail, v.a. To give bail for another. To admit to 
bail.—When they had bailed the twelve bifliops who were 
in the Tower, the lioufe of commons, in great indignation, 
caufed them immediately to be recommitted to the Tow¬ 
er. Clarendon. 
BAIL'ABLE, adj. That may be fet at liberty by bail 
or fureties. 
BAILACAN', a town of Armenia, 180 miles eaft of 
Efi van. 
B AII.AN', a town of Syria, ten miles fouth of Alex- 
andretta. 
BAI'LIFF,/. [ ballivus , Lat. baylijf\ Fr.] that is, pree- 
fcElus provincial ; and, as the name, to the office itfelf was 
anfwerable to that of France; where, before the revolu¬ 
tion, there were eight parliaments, which were high courts 
from whence there lay no appeal, and within the precinfts 
of the feveral parts of that kingdom which belonged to 
each parliament there were feveral provinces to which juf- 
tice was adminiftered by certain officers called bailiffs ; and 
in England we have feveral counties in which jultice hath 
been, and dill is, in fmall fuits, adminiftered to the inha¬ 
bitants, by the officer whom we now call Jherff or vi/count, 
(one of which names defeends from the Saxons, the other 
from the Normans;) and, though the ffierilf is not called 
baililf, yet it is probable that was one of his names alfo, 
becaufe the county is often called balliva: as, in the re¬ 
turn of a writ, where the.perfon is not arrefted, the fhe- 
riff faith, Infra-nominatas A. B. non ejl inventus in balliva 
meal, Sec. Kitch. Ret. Brev. fol. 285. And, in the ftatute 
of Magna Charta, c. 28, and iqEdw. Ilf. c. 9, the word 
bailiff fee ill's to comprife as well ftieriffs, as bailiffs of 
hundreds. As the'realm is divided into counties, fo eve¬ 
ry county is divided into hundreds; within which in an¬ 
cient times the people had juftice adminiftered to them by 
the feveral officers Of every hundred, which were the bai¬ 
liffs. Andit appears by Braclon, lib. iii. tract. 2, cap. 34, 
that bailiffs of hundreds might anciently hold plea of ap¬ 
peal and approvers: but ft nee that time the hundred 
courts, except certain frahchifes, are fwallowed in the 
county-courts; and now the bailiff’s name and office is 
grown into contempt, they being generally officers to ferve 
writs, &c. within their liberties. Though, in other re- 
fpefts, the name is ftill in good efteem; for the chief ma- 
giftrates in divers towns are called bailiffs : and fometimes 
the perfons to whom the king’s caftles are committed are 
termed bailiffs, as the bailiff of Dover caflc , &c 
Of the ordinary bailiffs there are feveral forts, viz. bai¬ 
liffs of liberties, flieriff’s bailiffs, bailiffs of lords of ma¬ 
nors, bailiffs of hufbandry, Sic. Bailiffs of liberties are 
thofe bailiffs who are appointed by every lord within his 
liberty, to execute procefs and do fuch offices therein as 
the bailiff-errant doth at large in the county; but bailiffs 
errant or itinerant, to go up and down the country to ferve 
procefs, are out of uf’e. Bailiffs of liberties and frahchi¬ 
fes, are to be fvvorn to take diftrelfes, truly impannel ju¬ 
rors, make returns by indenture between them and ffie- 
riffs, &rc. and (hall be punifhed for malicious diftrelfes, by 
fine and treble damages, by ancient ftatutes. 12Edw.II. 
ft.i.r.3. i-fEdw. III. ft. r. c. 9. 29 Edw. III. c. 6. 11 
Hen. VH. c. 13. 27 Hen. VIII. c. 24. 3 Gep. I. c. 15. 
The bailiff of a liberty may make an inquifition and ex¬ 
tent upon an clegit. The fheriff returned on a writ of ele- 
git, that the party had not any lands but within the liber- 
iy of St.Edhimjd’s Bury, and that JS. bailiff there had 
B A I 
the execution and return of all writs, and that lie inquired 
and returned an extent by inquifition, and the bailiff deli¬ 
vered the moiety of the lands extended to the plaintiff, 
who by virtue thereof entered, Sec. This was held a good 
return. Cro. Car. 319. Tliefe bailiffs of liberties cannot 
arreft a man without a warrant from the fheriff of the 
county : and yet the fheriff may not enter the liberty him - 
felf, at the fuit of a fubjeft (unlefs it be on a quo minus, or 
capias utlagatum) without claufe in his writ. Non omittas 
propter aliquant libertatan. See. If the fheriff, &c. enters 
the liberty without fuch power, the lord of the liberty 
may have an aftion againft him ; though the execution of 
the writ may Hand good. 1 Tent.4. off. 2 Inf. 453. 
Sheriffs’ bailiffs are thofe who are fervants to ftieriffs of 
Counties to execute writs, warrants, See. Formerly bai¬ 
liff's of hundreds were the officers to execute w rits; but 
now it is done by fpecial bailiffs, put in with them by the 
fheriff. A bailiff of a liberty is an officer which the court 
takes notice of; though a fheriff’s bailiff is not an officer 
of the court, but only the fheriff himfelf. Pafch. 23 Ca¬ 
rolus I. B. R. The arreft of the fheriff’s bailiff is the 
arreft of the fheriff; and, if any refcous be made of the 
perfon arrefted, it fliall be adjudged done to the fheriff: 
alfo, if the bailiff permit a prifoner to efcape, adion may 
be brought againft the fheriif. Co. Lit. 61, 16S. Sheriffs 
are anfw erable for mifdemeanors of their bailiffs; and are 
to have remedy over againft them. 2 Inf. 19. The latter 
are therefore ufually bound in an obligation for the due 
execution of their offices, and thence are called bound bai¬ 
liffs ; which the common people have corrupted to a more 
humble appellation. There are thirty-fix ferjeants at 
mace in London w ho may be termed bailiffs, and they each 
give fecurity to the ftieriffs. By flat. 14 Edw. III. c. 9, 
ftieriffs fliall appoint fuch bailiffs for whom they will an- 
fwer; and by flat. 1 Hen. V. c. 4, no fheriff’s bailiff fliall 
be attorney in the king’s court. R.AI. 1634. 
Bailiffs of lords of manors are thofe that colled their 
rents, and levy their fines and amercements: but fuch a 
bailiff cannot diftrain for an amercement without a fpecial 
warrant from the lord or his fteward. Cro. F.Liz. 698. He 
cannot give licence to commit a trefpafs, as to cut down 
trees, &c. though he may licence one to go over land, be¬ 
ing a trefpafs to the poffeflion only, the profits whereof 
are at his difpofal. Cro. Jac. 337. A bailiff may by him- 
felt, or by command of another, take cattle damage-fea- 
lant.upon the land. 1 Danv. Abr. 683. Yet amends can¬ 
not be tendered to the bailiff', for lie may not accept oE 
amends, nor deliver the diftrefs when once taken. $Rcp. 
76. Tliefe bailiffs may do any tiling for the benefit of their 
mailers, and it fliall (land good till the mafter difagrecs; 
but they can do nothing to the prejudice of their mailers- 
Bailiffs of courts-baron fummon thofe courts, and exe¬ 
cute the procefs thereof; they prefent all pound breaches, 
cattle flrayed, Sec. 
Bailiffs of hufbandry are belonging to private men of 
good eftates, and have the difpofal of the under-fervants, 
every man to his labour; they alfo fell trees, repair I1011- 
fes, hedges, Sec. and colleft the profits of the land for their 
lord and mafter, tor which they render account yearly, &c. 
Bailiffs of manors not having a power to aft Without 
fpecial appointment, the following is the legal form : 
“ Know all men by thefe prefents, that I, W. B. of, &c. 
Efq. lord of the manor of D. in the county of G. have 
made, ordained, deputed, and appointed, and by thefe pre- 
tents do make, ordain, depute, and appoint, J. G. of, &c. 
my bailiff, for me and in my name, and to my life, to col- 
left and gather, and to afic, require, demand, and receive, 
of all and every fny tenants, that have held or enjoyed, or 
now do, or hereafter ftial!, hold or enjoy, any meffuages, 
lands, or tenements, from, by, or under, me, within my 
faid manor of D. all rents, and arrears of rent, heriot«, 
and other profits, that now are or hereafter ftiall become 
payable, due, owing, or belonging, to me, within the faid 
manor; and, in default of payment thereof, to diftrain for 
the fame from time to time, and fuch diftrefs or diftrelfes' 
to 
