The Office of Bailiff of a Liberty

by Joseph Ritson

The editor feels it due to the memory of his much honored and lamented uncle to add, that the recent publications to which Mr. Ritson's name, from interested motives, has been, very unwarrantably, affixed, are not intitled to any credit.

JOSEPH FRANK.

Stockton-upon-Tees,

1st February 1811.

PREFACE.

The subject of the following digest is not, as may be hastily imagined, a matter of mere curiosity or antiquarian research. The officer of whom it treats exercises his function in many parts of the kingdom, in its fullest extent, at this day; though the attention requisite in certain branches of his duty may in some places, no doubt, have induced him to neglect them.

The want of such a compilation as the present must have been more or less felt by every one who has acted in the execution of this office; and indeed it ought to seem much more extraordinary (considering the multitude of similar publications on other subjects) that it should not have been attempted long ago, than that it appears at present.

Little can, and less need be said in favour of a work which has no obligations either to genius or to judgement: some labour, however, has undoubtedly been exerted in the compilation, which, should it have the good fortune to prove so far serviceable to those whom it most concerns, as to render the discharge of an ancient and honorable office an object of less difficulty or hazard, the 'compiler' will not have reason to regret.

CONTENTS.

			Page
Introduction			[xi]
BOOK	I.	Of a franchise or liberty	[1]
Chap.	I.	Of franchises in general	[1]
—	II.	Of the liberty of Retorna Brevium, or return of writs	[3]
BOOK	II.	Of the bailiff of a franchise or liberty	[16]
Chap.	I.	Of his quality	[16]
—	II.	Of his creation or appointment, and interest in his office	[17]
—	III.	Of his qualification	[18]
—	IV.	Of his power and capacity; i. e. what he may or may not do or be	[20]
—	V.	Of his duty, i. e. what he must or shall do or not do	[26]
—	VI.	Of his indemnity and protection	[54]
—	VII.	Of his responsibility and punishment	[59]
—	VIII.	Of his fees	[68]
—	IX.	Pleadings	[71]
Appendix			[76]