Bahadum

A chest or coffer. Fleta, lib. 2, c. 21. BAIL (Fr. bailler, to deliver). Those persons who become sureties for the appearance of the defendant in court. The delivery of the defendant to persons who, in the manner prescribed by law, become security for his appearance in court. The word is used both as a substantive and a verb, though more frequently as a substantive, and in civil cases, at least, in the first sense given above, ^n its more ancient signification, the word includes the delivery of property, real or personal, by one person to another. Bail Above. Sureties who bind themselves either to satisfy the plaintiff his debt and costs, or to surrender the defendant into custody, provided judgment be against him in the action, and he fail to do so. Sellon, Prac. 137. Ball to the Action. Ball above. Bail Belqw. Sureties who bind themselves to the sheriff to secure the defendant's appearance, or his putting in bail to the action on the return day of the writ. It may be demanded by the sheriff whenever he has arrested a defendant on a bailable process, as a prerequisite to releasing the defendant. ' Bail to the Sheriff. Bail below. ^Civil Bail. That taken in civil actions. Common Bail. Fictitious sureties formally entered in the proper ofl Bce of the court. It is a kind of bail above, similar in form to special bail, but having fictitious persons, John Doe and Richard Doe, as sureties. Filing common bail is tantamount to entering an appearance. Speoiat Bail. Responsible sureties who undertake as bail above. Bail in Error. The bond given to secure a stay of proceedings on writ of error. In Canadian Law. A lease. See Merlin, Repert. "Bail." Bcuil emphyteot Hque, a lease for years, with a right to prolong in-

A chest orcoffer. Fileta.