Q.B.D

93; 49 J. P. 246. He must in fact be seen hanging about the street. 1 Times Rep. 109. FREQUENTIA ACTUS MULTUM OPEratur. The frequency of an act effects much. 4 Coke, 78; Wingate, Max. 192.

54, quoted in U. S. v. Wong Kim Ark, 169 U. S. 663, 18 Sup. Ct. 456, 42 L. Ed. 890; and so in this country "it is a political obligation" depending not on ownership of land, but on the enjoyment of the protection of government; Wallace v. Harmstad, 44 Pa. 492; and it "binds the citizen to the observance of all laws" of his own sovereign; Adams v. People, 1 N. Y. 173. See Alien; Naturalization; Expatriation.

21.-J (1886): 3 Law Quart. Eev. 469-79 (1886), cases. See generally 18 Cent. Law J. 421-24 (1884), cases. 2 Eoberts v. Koehler, 30 F. E. 96 (1887), cases. Cases contra, 26 Am. Law Eeg. 396-98 (1887). •Jones V. Vdcrbees, 10 Ohio, 145 (1840); Clark v. Burns, 118 Mass. 277 (1873), cases. * Mc Gill V. Bowan, 3 Pa. 463 (1816). * Toledo, &c. E. Co. v. Hammond, -33 Ind. 379 (1870). •Hannibal, &c. E. Co. u. Swift, 12 Wall. 370 (1870). ' Chicago, &o. E. Co. v. Collins, 56 111. 217 (1870). 8 Porter v. Hildebrand, 13 Pa. 133 (1830). ' Hopkins v. Westcott, 6 Blatch. 69 (1868). 10 Doyle v. Kiser, 6 Ind. 248 (1856). 1 1 Stimson v. Conn. Eiv. E. Co., 98 Mass. 84 (1867), cases. " Hoeger v. Chicago, &o. E. Co., 63 Wis. 100 (1886). "The Ionic, B Blatch..')38(1H07); 4 Bosw. 225. i«Pfisteru. Central Pacific E. Co., 70 Cal. 173 (1886) 31 Conn. 381; 25 Ga. 61; 22 111. 278; 33 jd. 219; 56 id. 293 5 Cush. 69; 98 Mass. 875; 41 Miss. 671; 44 N. H. 325 9 Wend. 85; 26, id. 469; 6 Hill, 686; 30 N. Y. 594; 16Pa. 67. " 6 Col. 337; Eedf. Car. 71, 73. " See generally Mc Caffrey v. Canadian Pacific E. Co., 24 Am. Law Eeg: 175-90 (1885), cases. himself as principal) sufficient security for his appearance; he being supposed to continue in their friendly custody, instead of going to jail.i The sureties undertake to surrender the defendant when he is called upon to answer the charge.'' Bailable. Admitting of bail; allowing or providing for release upon bail: as, a bailable— offense, action, process. Bail-bond. The obligation entered into by the surety. Takes the place of the body of the defendant, and is forfeited by his non-appearance according to the stipulation. It is not receivable utider final process. The sheriff, constable, or marshal, as the case may be, is the obligee; in which respect the obligation differs from a recognizance, g. v. The plaintiff sues on the instrument as assignee of the officer to whom it was originally given, and, perhaps, by a writ of scire facias.^ See C. C. et B, B. Bail-piece. A certificate from the record in a case that one or more persons named became bail in a certain sum of money. Not in the nature of process; merely a record or memorial of the delivery of the principal to his bail, oa security given.* Originally written on a small piece of parchment.* A surety may use this certificate as a warrant of arrest, and, by virtue thereof, deliver the principal over to an oflfioer for confinement. See Onus, Exoneretur. Following are the common species of bail: Bail above, or bail to the action. Sureties who jointly and severally undertake that if their principal, the defendant in an action, is "condemned," he will either pay the judgment or give himself up for imprisonment, or else that they will satisfy the judgment. Bail below, or appearance bail. Sureties who stipulate that a defendant will appear in court on the day named in the writ.^ Bail absolute. A person or persons who obligate tliemselves, usually to the State or Commonwealth, to pay a specified sum of money, in the event of another person (the principal) failing to account, in due form of law, for money entrusted to him as administrator, guardian, assignee, or other trustee. Common or straw bail. One or more fictitious sureties whose names are entered as bail for matter of form, and who stipulate 1 4 Bl. Com. 297; 30 N. H. 161. 2 Eamey u. Commonwealth, 83 Ky. 633 (1886). * See 3 Bl. Com. 290. * Nico Us V. Ingersoll, 7 Johns. *154 (1810). that a defendant will appear. Special bail. Eeal, substantial bondsmen, " Common " or " straw " bail are universal sureties — John Doe and Eichard Eoe, or other imaginary persons returned by the sheriff — standing pledges, for the purpose intended. They originally answered for the plaintiff in case he was amerced (g. v.) for making a false acbusationli See further Doe; Straw. *' Special " bail may be required, by order of court In such cases as are particularly grievous, or when it is necessary that a defendant should be kept within the jurisdiction. Originally introduced to mitigate the hardships incident to imprisonment." " All persons shall be Bailable by suf Seient Sureties, unless for Capital Offenses, where the proof is evidept or the presumption great." This provision, quoted from the Great Law ' of the Province of Pennsylvania, enacted in 1682, is also found in the constitutions of all the States. See Evident. Bail is taken by committing magistrates, by judges and commissioners of the courts, by clerks of some courts, and by other persons, as provided by statutes; but not, generally speaking, by justices of the peace on charges of homicide and certain other of the more heinous felonies, nor in charges of contempt of a court or of contempt of a legislature by a member thereof.* "Excessive baU shall not be required." ^ What is " excessive " is for the court alone to determine. See Excessive. Bail is not required of a municipal corporation; nor, as a rule,of persons in a fiduciary relation, sued as such. A surety must generally be a freeholder to some amount,,subject to process, and able to make a contract and to pay the amount of the bond. Ordinarily, common bail suffices from a defendant who is a freeholder. A non-resident plaintiff may have to furnish bail for the probable costs in his action. The principal is regarded as delivered'to his sureties as jailers of his own choosing. Their dominion is a continuance of the original imprisonment. Whenever they choose they may seize and deliver him up, in their own discharge; and, until this can be effected, they may imprison him. In this action they may be represented by an agent. They may pursue him into another State; they may arrest him on the Sabbath; and, if necessary, they may break and enter his house to arrest him. Being like a re-arrest by a sheriff of an escaping prisoner, they need no process. Their' rights are alike in civil and criminal cases. With the sureties there is an implied engagement by the principal that he will not leave the jurisdiction; and by the plaintiff, that he will do nothing to increase their risk or to affect their remedy." See Jump. See also Bind; Commissioner; Deposit, In lieu, etc.; Fidejussor; Justification, 2; Mainpbrnob; Penaltt; Perfect; Surety. 1 [3 Bl. Com. 274, 287, 290, 291, 295.] = See 3 Bl. Com. 292, 287. s Chapter LII: Linn, 120. See Wash. Law Eev., Oct. 26, Nov. 1, 15, 1882. < See generally 20 Cent. Law J. 464-66 (1885), cases.