Legal Definitions - mandavi ballivo

Mandavi ballivo is a historical legal term derived from Law Latin, meaning "I have commanded the bailiff." It refers to a formal statement made by a sheriff to a court, indicating that the sheriff had delegated the responsibility of executing a specific court order, known as a writ, to a bailiff.

In historical legal practice, sheriffs were high-ranking officials responsible for enforcing court judgments and maintaining order within their county. However, they often had a wide range of duties and a large jurisdiction. When a court issued a writ—a formal written command—to the sheriff, the sheriff might, for practical reasons, instruct a bailiff (a subordinate officer with local enforcement duties) to carry out the specific actions required by that writ. The "mandavi ballivo" return was the sheriff's way of reporting back to the court that this delegation had occurred.

• Example 1: Executing a Writ of Seizure

  Imagine a court in medieval England issues a writ of fieri facias, commanding the county sheriff to seize goods from a debtor to satisfy an unpaid judgment. The sheriff, responsible for the entire county, might then instruct a local bailiff, who is more familiar with the specific village or town where the debtor resides, to go to the debtor's property, identify valuable assets, and arrange for their seizure. When the sheriff formally reports back to the court on the status of the writ, the statement "mandavi ballivo" would be included, confirming that the bailiff was given the command to execute the seizure.

• Example 2: Enforcing a Writ of Possession

  Consider a situation where a landowner successfully sues to reclaim land that has been unlawfully occupied. The court issues a writ of possession, directing the sheriff to remove the occupants and restore the land to the rightful owner. Instead of personally overseeing the physical removal, the sheriff might issue an order to a bailiff responsible for that particular district. The bailiff would then proceed to the property, ensure the occupants vacate, and secure the land for the owner. The sheriff's subsequent report to the court would contain the "mandavi ballivo" declaration, signifying that the bailiff was commanded to carry out the writ of possession.

• Example 3: Summoning a Jury

  In preparation for a trial, a court might issue a writ to the sheriff, instructing them to summon a jury from the county. The sheriff, rather than personally delivering summonses to prospective jurors across a wide area, would delegate this task to several bailiffs, each responsible for a specific part of the county. Each bailiff would then serve the jury summonses within their assigned area. When the sheriff makes their official return to the court, reporting on the formation of the jury, the "mandavi ballivo" statement would confirm that the bailiffs were commanded to perform the duty of summoning the jurors.