Bailiff’s writ.

309

[...] No writ may be served on Sundays & holidays unless some perilous situation requires it, or the judge allows it based on facts put forward; [...]

310

Bailiffs must, under penalty of the writ being nullified, state in the writ their name, surname, & status, the jurisdiction they are officially under, the city, street, & parish where they are domiciled, & this on both the copy and the original of the writ ; they are in fact required to state their status, registration & residence in their own handwriting, as proof that they themselves prepared the writ : however, they are not ordained by law to do so.

As well, at the risk of nullification, they must indicate in the writ the residence & status of the parties: however, it is not a nullity to indicate the status of some of the parties only, insofar as the persons are designated in such a way that there is no mistaken identity. [...]

When the bailiffs or sergeants find no one at home, they are obliged, at the risk of the aforementioned penalties, to post their writ on the door, & to advise the closest neighbour of such and have him sign the writ ; & if he will not or cannot do so, it must be noted; & if there was no close-by neighbour, the writ must be initialled by the judge, & dated the same day; & upon his absence or refusal, by the elder practitioner, who is required to do so at no cost.

All bailiffs & sergeants must indicate at the bottom of the original of their writ , the amount received as their salary, under penalty of a fine. [...]

Source: Diderot, Denis et Jean le Rond d'Alembert, "The bailiff’s writ, in l'Encyclopédie, ou Dictionnaire Raisonné des Sciences, des Arts et des Métiers " (Paris: Briasson et autres, n.d.), tome VI, p. 309-310.

Return to parent page