Bail

[L. Fr. haU, baile, bailie; L. Lat. ballium.'] In old law. Safe keeping, or protection; {custodia, protectio, tutela,) ISpelman, voc.

Ballium, Co. Litt. 61 b.

See Bail, L. Fr.

In practice

A delivery into safe keeping or protection, (traditio in ballium). Spelman, ub, sup.' 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. Id, ibid. The sureties themselves, into whose custody the party discharged from actual arrest is supposed to be delivered.

3 Bl. Com. 200.

This is the only sense in which the word bail, as a noun, is now used; the act of bailing being still expressed in the bailpiece, by these words: — " C. D. is delivered to bail, [in the old forms, traditur in ballium] on the taking of his body, to J. N. and J. S.,** &c. See Bailpiece, Bail to the thetiff.

Special bail

Common bail. The radical meaning of bail is undoubtedly, a cif^Zev^y, (from Fr. bailler, to deliver); or, in its present use, a person to whom another is delivered, under certain stipulations; just as a bailee, (which is essentially the same word) in another branch of law, is a pereon to whom goods are delivered for a certain purpose. See Bailee, The sense of safe keeping, which also enters into its meaning, is derived from the old French and Italian law, in which baillie, and balio {baila, bailium, and ballium,) signified guardianship, wardship, or protection. See Baila, Balium. Bail are regarded in law as the keepers of their principal, and are sud to have him always "in a string," which they may pull whenever they please, and render him in their discharge.

6 Mod. 231. 1 Tidd's Pr, 285.

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 bond given to the sheriff, termed a bail bond, (q. v.) 3 Bl. Com. 290.

1 Tidd*s Pr. 221.

This kind of bail is called bail ix> the sheriff, because given to that officer, and for his security; and bail helow, because subordinate or preliminary to bail to the action or special bail, which is termed bail abot^e. Id. wid. See infra. Bail to the Action, Bail above, or