Bail

Safe keeping or protection; a delivery into safe keeping or protection; a delivery of a person arrested, out of the custody of the law, into the safe keeping or friendly custody of persons who become sureties for his return or appearance; the sureties themselves, into whose custody the party discharged from actual arrest is supposed to be delivered. Bail above, or special bail, or bail to the action: persons who undertake by what is called a recognizance or bail-piece that a defendant arrested on mesne process in a civil action shall pay the judgment that may be rendered against him, or surrender himself into custody, or that they will pay for him. Ball below, or bail to the sheriff: persons who undertake by what is called a bail bond that a defendant so arrested shall duly appear to answer. Common bail: bail with fictitious sureties amounting only to an entry of appearance, v. Bail bond; Bail court; Bail-piece.

In English law. Bail court. A court auxiliary to the Queen's Bench, as it was prior to the judicature act of 36 and 37 Vict, having cognizance mainly of matters of pleading and practice.

COMMON. Inpractice. A fictitious proceeding, intended only to express the appearance of a defendant, in cases where special bail is not required. It is putin in the same form as special bail, but the suveties are merely nominal or imaginary persons, as John Doe and Richard Roe. 3 Bl. Comm. 297.