Definitions from Black's Law Dictionary: 2nd Edition and Ballentine's Law Dictionary as are available for each term in each dictionary.
  • Ballentine's Law Dictionary

    The sureties of one bound to appear at court; to become such surety; money or a bond given to secure such appearance. See 37 Tenn. 623.

  • Black's Law Dictionary: 2nd Edition

    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.

  • Black's Law Dictionary: 2nd Edition

    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.

  • Black's Law Dictionary: 2nd Edition

    v. To procure the release of a person from legal custody, by undertaking that he shall appear at the time and placo 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 security la called "bali," because the party arrested or imprisoned is delivered into the hands of those who bind themselves for his forthcoming, (that is, become bali for his due appearance when required,) in order that he may be safely protected from prison Wharton. Stafford v. State, 10 Tex. App. 49.