Bail Bond

In practice. A specialty by which the defendant and other persons become bound to the sheriff in a penal sum proportioned to the damages claimed in the action, and which is conditioned for the due appearance of such defendant to answer to the legal process therein described, and by which the sheriff has been commanded to arrest him.

A specialty by which the defendant and other persons become bound to the sheriff in a penal sum proportioned to the damages claimed in the action, and which is conditioned for the due appearance of such defendant to answer to the legal process therein described, and by which the sheriff has been commanded to arrest him. The defendant usually binds himself as principal with two sureties; but sometimes the ball alone bind themselves as principals, and sometimes also one surety is accepted by the sheriff. The bail bond may be said to stand in the place of the defendant so far as the sheriff is concerned, and, If properly taken, furnishes the sheriff a complete answer to the requirement of the writ, directing him to take and produce the body of the defendant. A bail bond is given to the sheriff, and can be taken only The sheriff can take the bond only when he has custody of the defendant's body on process other than final. When a bail bond, with sufficient securities and properly prepared, is tendered to the sheriff, he must take it and discharge the defendant; Stat. 23 Hen. VI. c. 10, § 5. The requisites of a bail bond are that it should be under seal; 1 Term 41S; Walker v. Lewis, 3 N. C. 16; Peyton v. Moseley, 3 T. B. Monr. (Ky.) 80; Payne v. Britton's Ex'r., 6 Rand. (Va.) 101; should be to the sheriff by the name of the office; 1 Term 422; Loker v. Antonio, 4 Mc Cord (S. C.) 175; Handley's Adm'r v. Bwings, 4 Bibb (Ky.) 505; Conant v. Sheldon, 4 Gray (Mass.) 300; conditioned in such manner that performance is possible; 3 Campb. 1S1; Fanshor v. Stout, 4 N. J. L. 319; for a proper amount; Oxley v. Turner, 2 Va. Cas. 334; Ellis v. Robinson, 3 N. J. L. 707; for the defendant's appearance at the place and day named in the writ; 1 Term 418; Holmes v. Chadbourne, 4 Greenl. (Me.) 10; Robeson \. Thompson, 9 N. J. L. 97; Carter v. Cockrill, 2 Munf. (Va.) 448; Blanding v. Rogers, 2 Brev. (S. C.) 394, 4 Am. Dec. 595; see Bail; and should describe the action in which the defendant is arrested with sufficient accuracy to distinguish it; Ralston v. Love, Hard. (Ky.) 501; Colburn v. Downes, 10 Mass. 20; Kelly v. Com., 9 Watts (Pa.) 43; but need not disclose the nature of the suit; 6 Term 702. A bail bond which fails to specify the charge which the principal is to answer is void and the defect cannot be remedied by testimony; People v. Gillman, 58 Hun 368, 12 N. Y. Supp. 40. The sureties must be two or more in number to relieve the sheriff; 2 Bingh. 227; Long v. Billings, 9 Mass. 482; Seymour v. Curtiss, 1 Wend. (N. Y.) 108; and he may insist upon three, or even more, subject to statutory provisions on the subject; 5 M. & S. 223; but the bond will be binding if only one be taken; Glezen v. Rood, 2 Mete. (Mass.) 490; Caines v. Hunt, 8 Johns. (N. Y.) 358; Johnson's Assignee v. Williams, 2 Over. (Tenn.) 178; Lane v. Smith, 2 Pick. (Mass.) 284. rutting in bail to the action; 5 Burr. 2683; and waiver of his right to such bail by the plaintiff; Phillips v. Oliver, 5 S. & R. (Pa.) 419; Flack v. Eager, 4 Johns. (N. Y.) 185; Culpeper Agricultural & Mfg. Soc. v. Digges, 6 Rand. (Va.) 165, 18 Am. Dec. 708; Hubbard v. Shaler, 2 Day (Conn.) 199; or a surrender of the person of the defendant, constitute a performance or excuse from the performance of the condition of the bond; 1 B. & P. 326; Stockton v. Throgmorton, 1 Baldw. 148, Fed. Cas. No. 13,- 463; Strang v. Barber, 1 Johns. Cas. (N. Y.) 329; Ellis v. Hay, id. 334; Mc Clurg v. Bowers, 9 S. & R. (Pa.) 24; Coolidge v. Cary, 14 Mass. 115; Moyers v. Center, 2 14 S. E. 75, 14 L. R. A. 605; as do many other matters which may he classed as changes in the circumstances of the defendant abating the suit; Treasurers of State v. Moore's Ex'rs, 1 N. & McC. (S. C.) 215; Champion v. Noyes,.'! Mass. 4S5; including a discharge in insolvency; Saunders v. Bobo, 2 Bail. (S. C.) 492; Kane v. Ingraham, 2 Johns. Cas. (N. Y.) 403; Champion v. Noyes, 2 Mass. 481; Sergeant v. Stryker, 16 N. J. L. 4G6, 32 Am. Dec. 404; Richmond v. De Young, 3 Gill & J. (Md.) G4; matters arising from the negligence of the plaintiff; 2 B. & P. 558; or from irregularities in proceeding against the defendant; 3 Bla. Com. 292; Boggs v. Chichester, 13 N. J. L. 209; Waples v. Derrickson, 1 Ilarr. (Del.) 134. Where the recognizance is for the appearance of a prisoner, and he does appear and pleads guilty, it cannot be forfeited for failure to appear subsequently to answer the sentence; State v. Cobb, 44 Mo. App. 375. In those states in which the bail bond is conditioned to abide the judgment of the court as well as to appear, some of the acts above mentioned will not constitute performance. See Recognizance. The plaintiff may demand from the sheriff an assignment of the bail bond, and may sue on it for his own benefit; Stat. 4 Anne, c. 16, § 20; Roop v. Meek, 6 S. & R. (Pa.) 545; Higgins v. Glass, 47 N. C. 353; unless he has waived his right so to do; Huguet v. Hallet, 1 Caines (N. Y.) 55; or has had all the advantages he would have gained by entry of special bail; Priestman v. Keyser, 4 Binn. (Pa.) 344; Union Bank of New York v. Kraft, 2 S. & R. (Pa.) 284. The remedy Is by scire facias in some states; Pierce v. Read, 2 N. H. 359; Hunter v. Hill, 3 N. C. 223; Harvey v. Goodman, 9 Yerg. (Tenn.) 273; Usher v. Frink, 2 Brev. (S. C.) 84; Belknap v. Davis, 21 Vt. 409; Waughhop v. State, 6 Tex. 337. The United States is not restricted to the remedies provided by the laws of a state in enforcing a forfeited bond taken in a criminal case, but may proceed according to the common law; U. S. v. Insley, 54 Fed. 221, 4 C. C. A. 296. See Justification.

A bond with a surety or sureties given to the sheriff, on the arrest of a defendant on mesne process in a civil action, in a penalty of double the sum indorsed on the writ, and with a condition that the defendant shall appear and put in special bail within a certain time specified.

Inpractice. A bond ex- Logether with olher persons a8 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 be,

In practice. A bond ^ven to the sheriff on the arrest of a defendant upon mesne process in a civil action, in a penalty of double the sum endorsed on the writ, and with a condition that the defendant shall appear, and put in special bail within a certain time specified. 1 Tidd's Pr, 223, 224. It is usually executed by the defendant himself, with two sureties, although one is sometimes accepted as sufficient. Id. ibid. Petersdorff an Bail, 203, €t9eq,