The functions of bailiff and process server seem to have become fused for all practical purposes. As far as I can ascertain, process servers must have the authority of the court. In England, the bailiff of a franchise or liberty is the officer who executes writs and processes, and impanels juries within the franchise. He is appointed by the lord of such franchise (who, in the Sheriffs Act 1887, § 34, is referred to as the bailiff of the franchise).
The bailiff of a sheriff is an under-officer employed by a sheriff within a county for the purpose of executing writs, processes, distraints and arrests. As a sheriff is liable for the acts of his officers acting under his warrant, his bailiffs are annually bound to him in an obligation with sureties for the faithful discharge of their office, and thence are called bound bailiffs. They are also often called bum-bailiffs, or, shortly, bums. The origin of this word is uncertain; the New English Dictionary suggests that it is in allusion to the mode of catching the offender. Special bailiffs are officers appointed by the sheriff at the request of a plaintiff for the purpose of executing a particular process. The appointment of a special bailiff relieves the sheriff from all responsibility until the party is arrested and delivered into the sheriff's actual custody.
By the County Courts Act 1888, it is provided that there shall be one or more high-bailiffs, appointed by the judge and removable by the lord-chancellor; and every person discharging the duties of high-bailiff is empowered to appoint a sufficient number of able and fit persons as bailiffs to assist him, whom he can dismiss at his pleasure. The duty of the high-bailiff is to serve all summonses and orders, and execute all the warrants, precepts and writs issued out of the court. The high bailiff is responsible for all the acts and defaults of himself, and of the bailiffs appointed to assist him, in the same way as a sheriff of a county is responsible for the acts and defaults of himself and his officers. By the same act (§49) bailiffs are answerable for any connivance, omission or neglect to levy any such execution. No action can be brought against a bailiff acting under order of the court without six days' notice (§52). Any warrant to a bailiff to give possession of a tenement justifies him in entering upon the premises named in the warrant, and giving possession, provided the entry be made between the hours of 9 A.M. and 4 P.M. (§ 142). The Law of Distress Amendment Act 1888 enacts that no person may act as a bailiff to levy any distress for rent, unless he is authorized by a county-court judge to act as a bailiff.
2006-10-26 15:35:38
·
answer #1
·
answered by Doethineb 7
·
0⤊
0⤋
Process serving laws and rules of civil procedure are different from state to state. You should visit the State Rules of Civil Procedure section to learn more about service of process in your state. People are notified of actions against them or court procedures involving them through the delivery of legal documents such as summons, complaints, subpoenas, order to show cause, and writs. One type of service is called substituted service. This legal process of service is when the documents are left with an adult resident of the named party at the target’s home, or with a management level employee at their place of business.
2015-03-27 15:54:58
·
answer #2
·
answered by Anonymous
·
11⤊
0⤋
Whoever is going to assist you (the sponsor, or your self) ought to grant financial enterprise statements for the previous 3 months, 4 passport length photos, the get admission to clearance rfile (downloadable from the united kingdom visa section) on a PDF format, in case you haven't any longer have been given PDF, you are able to receive that from the internet (Acrobat Adobe) The handle the place you're staying in uk, evidence of sufficient low value expenses to take care of your self on a similar time as interior the united kingdom, devoid of recourse to public money, or in case you have a sponsor, they must be in comprehensive time artwork and grant evidence of place of living interior the united kingdom, A letter written with the help of your self, addressed to the get admission to clearence officer, outling your request and intentions, as quickly as you have arrived interior the united kingdom (in case you have a sponsor, he/she will could desire to jot down a letter of help with the help of way of economic and housing. solid luck.
2016-10-02 23:33:12
·
answer #3
·
answered by mauzon 4
·
0⤊
0⤋