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Bail

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

A New Law Dictionary and Glossary

Baile, Bailie. L. Fr. [from bailler, to deliver.] Delivery of land; livery. Bail de la seisins; livery of seisin. Britt. c.

33.

JN'ul bail ne nul seisins; no livery and no seisin. Id. c.

40.

Delivery, in general. Le bail des escripts; the de Uvery of the writings. Id. c.

34.

Keeping or custody, guardianship. En sa bailie; in his keeping. Id. c.

66.

Bail, in the modem sense; as embracing the ideas both of delivery and of keeping. Cev4x: que sount lesses par bail a ascuns, h respondre pur euk, cots pur cors; those who are let by [to] bail to any, to answer for them, body for body. Id. c.

125.

To BAIL. [L. Fr. bailler; L, Lat. balliare; from Gr. ^^IXeiy, to send, or deliver.] To deliver, commit or entrust a thing to another, {rem alteri tradere, vel committers) Spelman, voc.

Balliare.

The derivatives of this word, — bailment, bailor, bailee, — ^are in more frequent use than the verb itself.

In practice

To deliver a person from arrest, or out of custody, to the keeping of other persons, on their undertakinff to be responsible for his appearance at a day and place certain. Bract fol.

123.

To discharge a person from arrest, on his finding sureties for his appearance at a certain time and place. A person bailed on civil process is very commonly said to be a ^ large, but in contemplation of law this is not strictly correct; he bemg always accounted to be m the custody oi his sureties, until surrendered by them, or finally discharged. See Bail