Balivo
The balivo (from the Latin baiulivus , adjective of baiulus , "bearer") is the name of officials who are endowed with various types of authority or jurisdiction and who have been present in many Western countries (mainly in Europe) over the past centuries.
Concept development
The Balio, Bailo or Baillo (from the Latin Baiulus then Bailus , "bearer" and in the expanded meaning "regent") was a high official representative of political authority in the Middle Ages .
Since the Anglo-Saxon countries involved the seizure of a property to cover a loan, the term “Balivo di Bedford ” was often used in technical jargon in the Eastern English Fens to refer to the devastating floods of the Great Ouse .
Duties and powers
He could:
- within the state, perform the duties of an authorized administrator of central power in the peripheral centers;
- abroad, however, he was the permanent diplomatic representative with authority over the nationals of his own country residing abroad.
The powers and functions of the Balivo vary widely depending on the context. For example, in pre-revolutionary France, he was responsible for collecting taxes and administering justice throughout the kingdom. In Italy , from the Middle Ages to the pre-unification period, the balivo represented the power of the ruler by performing the functions of governor. In the German area the same tasks were performed by a governor .
In England in the middle of the 14th century he was the one who administered the land of the feudal lord and decided on the division among the serfs.
Balì is also the title of a senior member of several orders of knights , including Malta .
Medieval Balivi
England
In England the term bailiff applied primarily to the king's officers in general, such as sheriffs , mayors , etc., and particularly to the chief officer of a harde . The county in which the sheriff exercises his jurisdiction is still referred to as a baillage ( bailiwick ), while the term bailiff is used as the title of chief judge of various cities and administrators of royal castles, such as the High Bailiff of Westminster , the Bailiff of Dover Castle etc. is retained. In the feudal system, the bailiff was responsible for overseeing the management of the fiefdom (see Walter von Henley).
Holland and Flanders
In the northern parts of continental Europe this position was known as Baljuw , a direct derivation from the French word bailli , but also words such as drost , drossaard ( Brabant ), amman ( Brussels ), meier ( lion , aces ), schout ( Antwerp , 's -Hertogenbosch , Turnhout ), Amtmann and Ammann ( Germany , Switzerland , Austria ) were used. The rank of Baljuw was in use in Flanders , Holland , Hainaut , Zeeland and northern France . The baljuw was an official who represented the ruler in the city and in the country. In Flanders, the Baljuw was usually appointed by the Count and in France by the King. The office originally came from France when King Philip II Augustus appointed the first Baljuw.
Switzerland
In Switzerland, the officials (mainly with judicial powers) were defined as Balivi, who administered the eight " Baliaggi Ultramontani , Ennetbergische Vogteien " (ie the areas that form the canton of Ticino today). This situation lasted from the conquest of the territories by the Confederates in 1512 to the establishment of the Helvetic Republic in 1798.
Italy (Aosta Valley)
The House of Savoy owned part of the lands of the Aosta Valley for the first time at the end of 1025 , when Humbert I of Savoy shared control of the Aosta region with the Bishop of Aosta . Gradually, the importance of the Savoy in the valley was consolidated, also through various assemblies, among which the one of 1191 should be emphasized, in which the charter of the franchise of Boniface I of Montferrat was issued on behalf of his ward Thomas I of Savoy . In the “Charte des franchises” it was stated that the sovereign could not raise taxes unless it was approved in advance by the valley assembly chaired by the Bailly (the Balivo). The entire population was subject to this; in memory of its presence in the valley, Aosta still has the tower of the Balivo.
France
Under the Ancien Régime in France, the Baillie was the representative of the king in the Bailliage (Bailliage), who was responsible for the judiciary and the control of the administration. In southern France, the term sénéchal ( Seneschal ) was used, who held the office in Sénéchaussée .
The administrative network of the Baillages was set up in the 12th century by Philip II on the crown land. They were based on the old medieval tax divisions (the Baillies) used by previous sovereign princes (such as the Duke of Normandy). With the creation of the royal Baillages , the already existing courts were reduced to a subordinate rank; these could be:
- royal bailiwick (prévôtés royales) administered by a bailiff (prévôt) appointed and paid by the Bailli
- or (as in Normandy ) viscounts, administered by a viscount ; the position could be filled by non-nobles
- or (in parts of northern France) châtellenies administered by a châtelain (this position could also be exercised by non-nobles)
- or, in the south, vigueries or baylies were administered by a viguier or a bayle .
The courts or Bailliage courts were headed by a lieutenant general of the Bailli ( lieutenant général du bailli ). The courts of the Bailliages and Sénéchaussées were the first court of appeal of the lower courts, but the court of first instance for the nobility. Their decisions were passed on to the regional parliaments . In order to reduce the burden of legal proceedings in parliaments, certain Bailliages were given increased powers by Henry II of France: these were called Présidiaux . The Bailliages and Présidiaux were the first courts of certain crimes (these trials were previously under the supervision of local masters): sacrilege, lese majesty, kidnapping, rape, heresy, counterfeiting, riot, insurrection and illegal possession of weapons.
At the end of the 16th century the Bailli became a purely honorary office and only the Lieutenant General of the Bailliage was given the power of justice. The administrative and financial role of the Bailliages and Sénéchaussées decreased at the beginning of modern times (they were replaced by royal tax collectors and governors and later by the general manager). At the end of the 18th century, the Bailliages , which had existed for hundreds of years, only had a legal function.
In France, a baille of the court is called a bailiff ( huissier de justice ).
Germany
The post of bailiff corresponds to the Italian Balivo.
Republic of Venice
From the 12th century, the Republic of Venice began to use the office of the Baili in the most important overseas colonies : governors who combined the function of judges of the trading communities with that of ambassadors at the various eastern courts. The Baili also served as overseers of the activities of the smaller colonies run by consuls and had authority over all Venetian citizens of the region.
After the conquest of Constantinople in 1204, until the Byzantine reconquest in 1261, all of the Baili were subordinated to the local Podestà . After 1277, a government official was placed at the head of the restored colony in the eastern capital with the title Bailo of Constantinople , who was given responsibility for the entire east from 1322, just as before for the Podestà. The position of the bailo was the most important for the Serenissima abroad, which based all its wealth on trade with the east.
The Bailo was chosen by the Grand Council and must have been more than 25 years old. At the beginning his mandate was valid for a two-year period, after the rise of the Turks it became a one-year period, around 1479 back to a two-year period and finally from 1503 to a three-year period. The Bailo was supported by a Small Council of Twelve and a Grand Council . The former included 12 nobles living in the city who settled mainly in trade disputes. The second included all residents over the age of 18 and was called to make more general decisions.
His court included a dragomanno (interpreter), a doctor (usually a Jew ), a priest, a notary, two ponderatori (who weighed the goods), customs officers, auctioneers and other servants. The interpreters were often recruited in Istria because they already knew the Slavic language and learned Turkish and Arabic more easily.
The presence of the Venetian colony in Constantinople was uncomfortable for the Turks, and because of the presence of the bailo and the exemption of traders from taxes, the Serenissima paid the Sultan 10,000 ducats annually. This payment was abolished in 1482 and replaced by tariffs on Venetian imports. It was not until 1575 that the Bailo was officially recognized by the Ottomans as the ambassador of the Republic of Venice. Until then he was only considered the head of the Venetian community in Constantinople.
With the expansion of the Ottoman Empire , the smaller Baili played an increasingly smaller role and were therefore replaced by normal consuls. The post of Bailo of Constantinople remained until the fall of the Republic in 1797.
Contemporary balivi
Belgium
Most of the functions that correspond to the Italian "Balivo" are no longer united on a single official. The modern terms huissier de justice (in French ) or Kompetenzsdeurwaarder (in Dutch ), which however correspond to the Italian ufficiale giudiziario , are mostly translated as "balivo" in English-speaking countries. He is a sworn civil servant who can deliver subpoenas, enforce court orders, and confiscate property or act as an official court witness. A similar civil servant is typical of many countries with a non-English legal system based on the Civil Code . In Belgium , the bailiff can be appointed by a bankruptcy court to exercise the mandate of the schuldbemiddelaar (in Dutch) or médiateur de dettes (in French), a debt negotiator (essentially a type of bankruptcy administrator). This takes place in a procedure called collectieve schuldenregeling (CSR) or médiation collective de dettes , a collectively negotiated debt settlement that is comparable to the regulations of the Wet Schuldsanering Natuurlijke Personen (WSNP) in the Netherlands .
In addition to the official judicial tasks, there are often other tasks as a freelancer, such as B. the extrajudicial collection of credits, specific legal advice or the writing of general sales conditions, legal assistance in lower courts ("cantonal" level) etc.
Great Britain
England and Wales
In England and Wales , the term "bailiff" has survived in modern times to refer to certain types of bailiffs that were only recently reformed following the passage of the Tribunal, Courts and Enforcement Act of 2007, which fundamentally changed the entire UK judicial system .
There were six positions that were commonly referred to as "bailiff" positions. These were officials who ensured the enforcement of the judgments issued by the various civil courts (payment of debts, fines, taxes, etc.).
The Civilian Enforcement Officers are employed by the so-called Her Majesty's Courts Service (HMCS) and are responsible for the judicial enforcement of the Magistrates' Courts - this concerns above all the collection of the unpaid fines imposed by the court.
The County Court Bailiffs are also employed by the HMCS and are responsible for the enforcement of the County Courts - mainly in relation to the enforcement of unpaid payments imposed by County Court Judgments .
The High Court Enforcement Officers are employed by private companies and are responsible for enforcement for the Supreme Court of Justice - they have almost the same function as the County Court Bailiffs , with the exception of different judicial powers .
Certified bailiffs are employed by private companies and carry out the collection of various claims on behalf of organizations such as B. local authorities. You can seize assets and sell them to pay off debt that is due. They also have a license that allows them and only them tocarry outseizure (attachment) for non-payment of rent, road traffic debts , council tax and foreign property taxes (non-domestic rates ). You may not collect money that is due under orders from the Supreme Court or the District Court.
Non-certificated bailiffs are employed by private companies and have the right to collect money for a wide variety of claims through the seizure and sale of debtor's property, but they are not allowed to act in cases reserved for qualified bailiffs (non-payment of rent, traffic fines, local Taxes and condominium taxes), let alone the collection of amounts due according to orders of the Supreme Court or the Regional Court.
In England and Wales there is also the “ water bailiff ” with the authority to monitor waters and prevent illegal fishing. As a rule, these are employees of the Environment Agency .
In England and Wales, the bailiff of a "franchise" or "liberty" is the official who executes writs and subpoenas ( processes ) and selects juries within a certain territory. He is appointed by the Lord of Privilege , defined as the " bailiff of the franchise " in the Sheriffs Act of 1887, Section 34 .
A bailiff a Sheriff is a sub officer of a Sheriff within a county , to orders (is employed writs ), summons ( processes ), foreclosures ( distraints ) and arrests ( arrests ) to carry out. Since a sheriff is responsible for the actions of his officers acting on his behalf, his bailiffs are bound to him annually with an obligation to faithfully fulfill their office in order to ensure the faithful exercise of their office and are therefore called bound bailiffs . They are also often referred to as bum-bailiffs or, in short, bums . According to the Oxford English Dictionary , this is an allusion to how to catch the perpetrator of a crime. Special bailiffs are officers appointed by the sheriff at the request of a plaintiff for the purpose of conducting specific proceedings. The appointment of a special bailiff relieves the sheriff of all responsibility until the party is arrested and placed under the sheriff's actual custody.
Under the County Courts Act of 1888, there are one or more high bailiffs that can be appointed by the judge and removed by the lord chancellor . Each person with the function of a high bailiff has the authority to appoint a sufficient number of capable and suitable persons to support him as a bailiff and who can be dismissed at will. The bailiff's duty is to comply with all subpoenas and orders and carry out all warrants, regulations and letters issued by the court. The high bailiffs are responsible for all acts and omissions of themselves and those appointed to assist them, just as a county sheriff is responsible for their acts and omissions and their officials. Under the same law (Section 49), bailiffs are responsible for any toleration, omission or failure to carry out such enforcement. No action can be brought against a bailiff acting by order of the court without observing a period of six days (§54). Any judicial order to a bailiff to take possession of a property justifies the bailiff to enter and take possession of the premises specified in the order, provided that access takes place between 9:00 a.m. and 4:00 p.m. (Section 142). The Law of Distress Amendment Act of 1888 provides that no one may act as a bailiff in order to obtain a garnishment for rent unless authorized to do so by a district judge as a bailiff.
With the entry into force of Sections 63 and 64 of the above-mentioned Tribunal, Courts and Enforcement Act 2007 , all of the bailiffs described above were abolished. This new legal system has abolished the office of bailiffs in enforcement proceedings (i.e. debt collection) and replaced it with a more modern system of certified enforcement agents , i.e. H. Bailiffs with special requirements and specific qualifications.
Scotland
The Scottish form of this office are the bailie . The bailies served as the magistrate of towns in the Scottish system of government before 1975, when the town and county system was replaced by a two-tier system of regional and district councils. The two-tier system was then replaced by the Council Area .
Under the new regulations, the bailies have been abolished and replaced by justices of the peace who serve in the county courts of Scotland as they no longer hold these positions within the local authority as an administrative body. However, the term bailie is still used by the Glasgow City Council as an honorary title for a number of senior councilors who can take the place of the mayor (here called Lord Provost).
The Scottish equivalent of the bailiff of a sheriff or high bailiff is the “ Sheriff Officer ” for the “Sheriff Court” or the “ messenger-at-arms ” for the “ Court of Session ”. This office was repealed by Section 60 of the Bankruptcy and Diligence etc. (Scotland) Act 2007 (Scottish Bankruptcy Law) and replaced by the office of judicial officer under Section 57 (1) of the same Act.
Scotland also has a water bailiff that has the power to enforce the law on illegal salmon and trout fishing.
Channel Islands
In the Channel Islands , the bailiff is the chief civil servant in each of the two bailiffs ( Jersey and Guernsey ) into which the islands are divided. He is appointed by the Crown and holds office until retirement. He presides as a judge at the Royal Court and represents the opinion of the officials who support him as a judge, the so-called jurates. He also chairs the " States ", i. H. the local parliaments of the States of Jersey and the States of Guernsey, and represents the crown at civil ceremonies. To serve its judicial function, the Jersey or Guernsey Bailiff must be a licensed attorney.
Isle of Man
On the Isle of Man , the High Bailiff is the chief judge.
Canada
In some parts of Canada , the Bailiff are responsible for notifying subpoenas ( legal processes ). In certain parts of the country, the tasks of the Bailiff also include the delivery of legal documents, actions for the return of property and evictions under court decisions, the attachment of parking claws to vehicles and the execution of arrest warrants. Some parts of the country require candidates to have specialized legal training and degrees to become a bailiff.
Ontario
In Ontario , provincial bailiffs provide the primary transportation of prisoners between prisons . According to the Ministry of Correctional Services Act (Ontario), Bailiff have police powers during the prisoner transport. If necessary, correctional officers (prison officers ) are used as bailiffs for short and long-term assignments; on the other hand, full-time bailiffs are usually recruited from the ranks of prison officers. The provincial bailiffs are armed with batons and pepper spray and are under the Ministry of Community Safety and Correctional Services of the province of Ontario. Duties normally performed by Bailiff in other Canadian jurisdictions, such as evictions, seizures and other civil matters, are performed by the sheriffs who report to the Attorney General of Ontario's office, which is the same as the provincial attorney general .
Netherlands
Currently the office of baljuw is not in use in the Netherlands, but there is one exception. The term is used for the president and sometimes the honorary member of the Dutch branch of the Order of St. John .
United States
In the United States , many people use the slang term "bailiff" to refer to a " peace officer " who is responsible for keeping the court safe. More often these bailiffs are law enforcement officers, such as deputies , marshals or constables. However, the terminology varies between states (and sometimes even within a state).
Among its staff, the court may, by order, appoint bailiffs to be peace officers who, within the time allowed for appointment, have the powers normally conferred on police officers, including the powers of arrest in criminal proceedings, provided that the exercise of these powers is carried out on buildings or property that are maintained or used as a courtroom or to support judicial functions.
Whatever the name, the court security agency is often responsible for serving subpoenas as well as real estate seizures and sales (such as bail release or foreclosure). For example, a bailiff can keep the courtroom safe while the sheriff deals with seizures.
Individual evidence
- ↑ A first draft of the Charte des franchises dates back to 1032, but did not take shape until 1191.
- ^ A b Carlo Nigra, Torri e castelli e caseforti del Piemonte dal 1000 al secolo XVI.
- ↑ Summary of the most important reform points Camera dei deputati. Servizio studi - Dipartimento giustizia: "Politiche legislative nei principali Paesi europei. Riforme della Giustizia. Regno Unito" ( it ) In: L'attività delle Commissioni nella XV legislatura - Commissione Giustizia (Parte seconda) . May 15, 2008. Retrieved June 21, 2019.
- ↑ This is the Department of Justice's operational agency responsible for the administration of civil, family and criminal courts in England and Wales.
- ↑ In the judicial system of England and Wales, the Magistrates' Courts are primarily concerned with criminal matters, and indeed most criminal offenses are investigated by them. The most serious crimes are submitted to the Crown Court for trial. However, the local courts also deal with certain civil law matters related to family law issues, the recovery of certain types of claims such as council taxes, and the issuing of licenses to operate casinos and sell alcoholic beverages in pubs and restaurants.
- ↑ a b c d e About HM Courts & Tribunals Service ( en ) Archived from the original on July 28, 2008.
- ↑ The County Courts deal with most civil matters in England and Wales. In summary, less complex civil cases are dealt with in the County Courts, while more complex cases are dealt with in the "High Court". Most of the cases handled by the County Courts involve debt recovery, but there are also cases related to property claims, family matters, adoptions, and bankruptcy.
- ↑ The High Court is based in London, although cases from other parts of England and Wales can be heard. He can negotiate almost any civil case, although in practice he mainly deals with the most important or complex cases. It's divided into three sections, corresponding to some of the old dishes it replaced in the 19th century.
- ↑ In the English Middle Ages, "franchise" or "liberty" was defined as those rights and privileges that were granted in writing to the residents of a town or village by the local prince.
- ↑ In the Scottish judicial system, the Sheriff Court is a district court of first instance run by professional judges ("sheriffs") who judge both civil and criminal matters.
- ↑ The Court of Session is the highest civil court in Scotland and is based in Edinburgh.
literature
- George Atkinson, Rudolph E. Melsheimer: A Treatise on the offices of High Sheriff, Under Sheriff, Bailiff, etc . Verlag Norderstedt: Hansebooks GmbH, 2019, ISBN 978-3-337-71536-6 (English, reprint of the 1878 edition).
Web links
- Member State Court Organization - England and Wales . European Justice.
- Member State Court Organization - Scotland . European Justice.