) And, though the sheriff is not called
bailiff, yet it was probable that was one of his names also, because
the county is often called balliva; as in the return of a writ, where
the person is not arrested, the sheriff saith, infra-nominatus,
A. B. non est inventus in balliva mea, &c;.; (the within named A.
B. is not found in my bailiwick, &c;.) And in the statute of
Magna Carta, ch. 28, and 14 Ed. 8, ch. 9, the word bailiff seems
to comprise as well sheriffs, as bailiffs of hundreds.
BAILIES, in Scotland, are magistrates of burghs, possessed of
certain jurisdictions, having the same power within their
territory as sheriffs in the county.
As England is divided into counties, so every county is divided
into hundreds; within which, in ancient times, the people had
justice administered to them by the several officers of every
hundred, which were the bailiffs. And it appears by Bracton,
(lib. 3, tract. 2, ch. 34,) that bailiffs of hundreds might
anciently hold plea of appeal and approvers; but since that time
the hundred courts, except certain franchises, are swallowed in
the county courts; and now the bailiff's name and office is grown
into contempt, they being generally officers to serve writs,
&c;.
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