Book 2 — CHAPTER IV. OF HIS POWER AND CAPACITY; i. e. WHAT HE MAY OR MAY NOT DO OR BE.

Steward.

A bailiff may be steward of the same manor; for they may well stand both together. (29 H. 8. in Bro.) Cro. Jac. 178.

Deputy.

Bailiff of a liberty may well have a deputy. Cro. Jac. 242.[32]

Lease of land.

Bailiff of lord may lease the land, and good, at will, for he is accountable, and debt lies for the lord. 2 E. 4. 4. Br. Bailie, 32. Lease, 34.

Rent.

But if he reserve no rent the lease is void. 1 Roll. Rep. 258.

Lease of piscary.

Bailiff of a manor may lease the piscary for years. 3 H. 4 12b. 1 Roll Abr. 339.

Lease of manor.

Bailiff cannot make lease of the manor, nor of parcel of the manor, without especial command for that purpose. M. 8 E. 4. 13. Fitz. Bayllyff. 3. Br. Bailie, 41.

Lease of land.

A bailiff cannot by any usage make lease of the land of his master [for] an estate of freehold. 19 Ass. 9. 1 Roll. Abr. 339.

Payments.

Bailiff of a manor may pay rents issuing out of the manor, and shall have allowance, but e contra where he pays debts of the lord due by contract or obligation, for this is out of his power. 4 H. 7. 14. Br. Bailie. 27.

Cutting trees, &c.

Bailiff may justify cutting the great trees for repair of a house, or the covering of it as it was before, but not with more costly covering, and the same law is of amending pale, hedge, or such like, without command of his lord; but he cannot cover with tile what was before thatch, nor make new house, nor make pale where hedge was before, unless by special commandment of his master. 12 H. 7. 25. Br. Baillie, 42. & vide plenius Trespas. 288.

Licence to walk over ground.

A bailiff may give licence to another to walk over the ground, for this is a trespass to the possession only, and the bailiff hath the disposition of the profits of the possession. (dub.) 1 Roll. Abr. 339.

Damage feasant.

A bailiff of a manor may himself or command another to take beasts damage feasant on the land, for he hath the care of all things within the manor. 1 Roll. Abr. 339.

General acts.

He may do any thing for his masters benefit, but not to his prejudice without his assent. Cro. Jac. 178.

And therefore he cannot give seisin of rent, nor exchange the lords land. (41 E. 3. 26) Cro. Jac. 178.

Distress for amerciament.

Bailiff without special warrant from the steward cannot distrain for amerciament in a leet. Moore, 607. 574.

Popham said, that defendant as bailiff of the manor cannot distrain for amerciament by reason of his office without an especial warrant from the steward or lord, no more than a sheriff may levy amerciaments of B. R. without warrant. But Gawdy, e contra, that he may distrain for lawful amerciaments by reason of the office. Cro. Eliz. 698.

Bailiff cannot distrain ex officio for amerciaments. Cro. Eliz. 748.

Bailiff cannot distrain for amerciament by command of the lord of the manor, nor otherwise than by virtue of a precept directed to him by the steward of the court. Carth. 75.[33]

Arrest.

Bailiff of a franchise which hath Retorna Brevium cannot arrest a man without warrant to him made by the sheriff upon the writ in his hands. Keilwey, 86 b.[34]

Delivery of prisoner.

Bailiff of a liberty may deliver his prisoner to the sheriff without more circumstance; as he may be discharged by his parol from keeping him any longer. Cro. Car. 447.[35]

Process.

Bailiff of a franchise cannot execute a process within his franchise, but by the precept of the sheriff. 29 E. 3. 42. Coron. 462. 2 Hale P. C. 68.[36]

Writ of inquiry.

Case, judgement by nil dicit, writ of inquiry of damages to the sheriff of Norfolk, who returns a mandavi ballivo, and sets down an inquisition before bailiff and 40l. damages. Upon writ of error, agreed by all the judges that the return was insufficient, for it was apparently untrue, and against law, because the warrant was directed to the sheriff himself to be executed in any part of the shire, and no venue contained in this inquest of office, as there is in other writs which intitles the bailiffs of liberties. But yet the court would not reverse the judgement, because there were divers of the like both in the K. B. and C. P. especially in Suffolk and Norfolk in later times. Hobart. 83.

Elegit.

Bailiff of a liberty may make an inquisition and extent upon an Elegit by warrant from the sheriff, and shall deliver the moiety, and not the jury. Cro. Car. 319.

Bail-bond.

Bailiff of a franchise [under 23 H. 6. c. 9.] has power to take a bail bond, and must take it to himself, and by the name of his office. Comyns. 380.

Bailiff of a franchise may take bond in sheriffs name. 3 Keble, 71. 117. 125.

Waiver of franchise.

Baily of hundred[37] may waive his franchise and arrest as sheriffs baily[38]. 3 Keble, 71.

Capias against two.

Capias or distress against two, sheriff may serve as to one and bailiff as to the other. 31 H. 6. 13.

Where process issues, and the sheriff or bailiff is plaintiff, yet he may serve the process; and the sheriff is not bound to take conusance if the bailiff be plaintiff or not, for it may be another of the same name. 36 H. 6. 1. Br. Retorne de Briefe. 65.[39]

By 2 E. 3. c. 3. Lords of franchises, and their bailiffs in the same, shall have power to execute this act; which prohibits all men, except the Kings servants in his presence, and his ministers in executing his precepts, &c. from coming before the Kings justices, or other the Kings ministers doing their office, with force and arms, or bringing force in affray of the peace, or going or riding armed by night or by day in fairs, markets, or in the presence of the justices or other ministers, or in any part elsewhere, upon pain to forfeit their armour to the King, and their bodies to prison to the Kings pleasure.

Attorney.

By 4 H. 4. c. 19., no steward, bailiff or minister of lords of franchises which have return of writ shall be attorney in any plea within the franchise or bailiwick whereof he is such officer or minister.