Bail

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 contracts 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."

Civil 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 is of various kinds, such as: Civil bail. That taken in civil actions. Special bail, being persons who undertake that if the defendant is condemned in the action he shall pay the debt or surrender himself for imprisonment. Bail in error. That given by a defendant who intends to bring error on the judgment and desires a stay of execution in the mean time. See, further, the following titles. In Canadian law. A lease. Bail emphytéotique. A lease for years, with a right to prolong indefinitely.

5 Low. Can. 381.

It is equivalent to an alienation.

6 Low. Can. 58.