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Special Bail

A New Law Dictionary and Glossary · Alexander M. Burrill · 1850

A New Law Dictionary and Glossary

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 mayjbe recovered against him,) or render himself a prisoner, or that they will pay it for him.

3 BL Com. 291. 1 Tidd's Pr. 245.

This undertaking of the bail is termed their recognizance, and is effected by ezecutinfir and acknowledging what is called a baifpiecf. Id. ibid. See Bailpiece, Bail, Common.

In practice

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 Hoe. 3 Bl. Com. 287.