bail

The right to release before trial is conditioned upon the accused's giving adequate assurance that he will stand trial and submit to sentence if found guilty.

Fr.

In French and Canadian law. A lease of lands.

— Bail h cheptel. A contract by which one of the parlies gives to the other cattle to keep, feed, and care for, the borrower receiving half the profit of increase, and bearing half the loss. Duverger.

— Bail a ferme. A contract of letting lands.

— Bail a longues annees. A lease for more than nine years; the same as bail emphyteotique (see infra) or an emphyteutic lease.

— Bail & loyer. A contract of letting houses.

— Bail h rente. A contract partaking of the nature of the contract of sale, and that of the contract of lease; it is translative of property, and the rent is essentially redeemable. Clark's Heirs v. Christ's Church, 4 La. 286; Poth. Bail a Rente, 1, 3.

— Bail emphy-teotique. An emphyteutic lease; a lease for a term of years with a right to prolong indefinitely ; practically equivalent to an alienation.

n. In practice. The sureties who procure the release of a person under arrest, by becoming responsible for his appearance at the time and place designated. Those persons who become sureties for the appearance of the defendant in court Upon those contracte of indemnity which are taken in legal proceedings as security for the performance of an obligation imposed or declared by the tribunals, and known as undertakings or recognizances, the sureties are called "bail." Civ. Code Cal. § 2780. The taking of bail consists in the acceptance by a competent court, magistrate, or officer, of sufficient bail for the appearance of the defendant according to the legal effect of his undertaking, or for the payment to the state of a certain specified sum if he does not appear. Code Ala. 1886, § 4407.
—Bail absolute. Sureties whose liability is conditioned upon the failure of the principal to duly account for money coming to his hands as administrator, guardian, etc.
—Bail-bond. A bond executed by a defendant who has been arrested, together with other persons as sureties, naming the sheriff, constable, or marshal as obligee, in a penal sum proportioned to the damages claimed or penalty denounced, conditioned that the defendant shall duly appear to answer to the legal process in the officer's hands, or shall cause special bail to be put in, as the case may bs.
—Bail common. A fictitious proceeding, intended only to express the appearance of a defendant, in cases where special bail is not required. It is put in in the same form as special bail, but the sureties are merely nominal or imaginary persons, as John Doe and Richard Roe. 3 Bl. Comm. 287.
— Bail conrt. In English law and practice. An auxiliary court of the court of queen's bench at Westminster, wherein points connected more particularly with pleading and practice are argued and determined. Hoithouse.
—Bail in error. That given by a defendant who intends to bring a writ of error on the judgment and desires a stay of execution in the mean time.
— Bail piece. A formal entry or memorandum of the recognizance or undertaking of special bail in civil actions, which, after being signed and acknowledged by the bail before the proper officer, is filed in the court in which the action is pending. 3 Bl. Comm. 291; 1 Tidd, Pr. 250; Worthen . Prescott, 60 Vt. 68, li Atl. 690; NIcolls r. Ingersoll, 7 Johns. (N. Y.) 154.
—Bail to the action or bail above. Special ball, (q. v.)
—Bail to the sheriff, or bail below. In practice. Persons who undertake that a defendant arrested upon mesne process in a civil action shall duly appear to answer the plaintiff; such undertaking being in the form of a band given to the sheriff, termed a "bail-bond," (q. v.) 3 Bl. Comm. 290; 1 Tidd, Pr. 221,
—Civil bail. That taken in civil actions.
—Special bail. In practice. Persons who undertake jointly and severally in behalf of a defendant arrested on mesne process in a civil action that, if he be condemned in the action, he shall pay the costs and condemnation, (that is, the amount which may be recovered against him,) or render himself a prisoner, or that they will pay it for him. 3 Bl. Comm. 291; 1 Tidd, Pr. 245.
—Straw haiL Nominal or worthless bail. Irresponsible persons, or men of no property, who make a practice of going bail for any one who will pay them a fee therefor.

baile, bailie, fr., Z. fr. Delivery; livery; keeping, or custody; delivery and custody, which two ideas are comprehended in the modern sense of the word. Bail de la seisinc: livery of seisin.

». To procure the release of a person from legal custody, by undertaking that he shall appear at the time and place designated and submit himself to the jurisdiction and judgment of the court. To set at liberty a-person arrested or imprisoned, on security being taken for his appearance on a day and a place certain, which securily is called “bail,” because the party arrested or imprisoned is delivered into the hands of those who bind themselves for his appearance when required,) in order that ha may be safely protected from prison. Wharton.

Baile, Bailie. L. Fr. [from bailler, to deliver.] Delivery of land; livery. Bail de la seisins; livery of seisin. Britt. c. 33. JN'ul bail ne nul seisins; no livery and no seisin. Id. c. 40. Delivery, in general. Le bail des escripts; the de Uvery of the writings. Id. c. 34. Keeping or custody, guardianship. En sa bailie; in his keeping. Id. c. 66. Bail, in the modem sense; as embracing the ideas both of delivery and of keeping. Cev4x: que sount lesses par bail a ascuns, h respondre pur euk, cots pur cors; those who are let by [to] bail to any, to answer for them, body for body. Id. c. 125. To BAIL. [L. Fr. bailler; L, Lat. balliare; from Gr. ^^IXeiy, to send, or deliver.] To deliver, commit or entrust a thing to another, {rem alteri tradere, vel committers) Spelman, voc. Balliare. The derivatives of this word, — bailment, bailor, bailee, — ^are in more frequent use than the verb itself.

In practice. To deliver a person from arrest, or out of custody, to the keeping of other persons, on their undertakinff to be responsible for his appearance at a day and place certain. Bract fol. 123. To discharge a person from arrest, on his finding sureties for his appearance at a certain time and place. A person bailed on civil process is very commonly said to be a ^ large, but in contemplation of law this is not strictly correct; he bemg always accounted to be m the custody oi his sureties, until surrendered by them, or finally discharged. See Bail

practice, contracts. Bail is civil or criminal; these will be separately considered. 1. Civil bail is that which is entered in civil cases, and is common or special bail. Common bail is a formal entry of fictitious sureties in the proper office of the court, which is called filing common bail to the action. It is in the same form as special bail, but differs from it in this, that the sureties are merely fictitious, as, John Doe and Richard Roe: it has, consequently, none of the incidents of special bail. It is only allowed to the defendant when he has been discharged from arrest without bail, after the return day of the writ, and it is necessary in such case to perfect the appearance of the defendant. Steph. Pl. 56, 7; Grah. Pr. 155; Highm. on Bail, 13. Special bail is an undertaking by one or more persons for another, before some officer or court properly authorised for that purpose, that he shall 4ppcar at a certain time and place to answer a certain charge to be exhibited against him. ‘The person who encalled the bails The essential qualifications to enable a person to become bail, are that he must be, 1, a freeholder or housekeeper; 2, liable to the ordinary process of the court; 3, capable of entering into a contract; and 4, able to pay the amount for which he becomes responsible.— 1. He must be a freeholder or housekeeper, (q-. v-); 2 Chit. R. 96; 5 Taunt. 174; Lofft, 148; 3 Petersd. Ab. 104. 2. He must be subject to the ordinary process of the court, and a person privileged from arrest, either permanently or temporarily will not be taken, 4 Taunt. 249; 1 D. & R. 127; 2 Marsh. 232. 3. He must be competent to enter into a contract; a feme covert, an infant, or a person non compos mentis, cannot therefore become bail. 4. He must be able to pay the amount for which he becomes responsible. But it is immaterial whether his property consists of real or personal estate, provided it be his own, in his own right, 3 Petersd. Ab. 196; 2 Chit. Rep. 97; 11 Price, 158; and it be liable to the ordinary process of the law, 4 Burr. 2526; though this rule is not invariably adhered to, for when part of the property consisted of a ship, shortly expected, bail was permitted to justify in respect of such property. 1 Chit. R. 286, n. As to the persons who cannot be received because they are not responsible, sce 1 Chit. R. 9, 116; 2 Chit. R. TT, 8; Lofft, 72, 184; 3 Petersd. Ab. 112; 1 Chit. R. 309, n.—2. Bail in criminal cases is defined to be a delivery or bailment of a person to his suretics, upon their giving, together with himself, sufficient security for his appearance, he being supposed to be in their friendly custody, instead of going to prison. The constitution of the United States directs that ‘ excessive bail shall not be required.” congress of Scptember 24, 1789, s. 33, and March 2, 1793, s. 4, authority is given to ‘take bail tor any crime or offence against the United States, except where the punishment is death, to any justice or judge of the United States, or to any chancellor, judge of the supreme or superior court, or first judge of any court of common pleas, or mayor of any city of any state, or to any justice of the peace or other magistrate of any state, where the offender may be found; the recognizance taken by any of the. persons authorised, is to be returned to the court of the United States having cognizance of the offence. When the punishment by the laws of the United States is death, bail can be taken only by the supreme or circuit court, or by a judge of the supreme court, or a judge of the district court of the United States. If the person committed by a justice of the supreme court, or by a judge of the district court, for an offence not punishable with death, shall, after commitment procure bail; any judge of the supreme or superior court of law, of any state, (there being no judge of the United States in the district to take such bail,) may admit such person to bail. Justices of the peace have in general power to take bail of persons accused, and, when they have such authority, they are required to take such bail. There are many cases, however, under the laws of the several states, as well as under the laws of the United States, as above mentioned, when justices of the peace cannot take bail, but must commit, and, if the accused offers bail, it must be taken by a judge or other officer lawfully authorised. In Pennsylvania, for example, in cases of murder, or when the defendant is charged with stealing of any horse, taken having possession of such’ horse, mare or gelding, the justice of the peace cannot adinit the party to bail. 1 Smuith’s L. of Pa. 581. In all cases where the party is admitted to bail, the recognizance 18 to be returned to the court having jurisdiction of the oflence charged.