BAIL - Black's Law Dictionary

BAIL, v. To procure the release of a person from legal custody, by undertaking that he shall appear at the time and place designated and submit him- self to the jurisdiction and judgment of the court.

To deliver the defendant to persons who, in the manner prescribed by law, become security for his appearance in court. To set at liberty a person arrested or imprisoned, on security being taken for his appearance on a day and a place certain, which security is called "bail," because the party arrested or imprisoned is delivered into the hands of those who bind themselves for his forthcoming, (that is, become bail for his due appearance when required,) in order that he may be safely protected from prison. Wharton. Stafford v. State, 10 Tex.App. 49.

To procure release of one charged with an offense by insuring his future attendance in court and compelling him to remain within jurisdiction of court. Manning v. State ex rel. Williams, 190 Okl. 65, 120 P.2d 980, 981. The object of "bail" in civil cases is either directly or indirectly to secure payment of a debt or performance of other civil duties, while in criminal cases object is to secure appearance of principal before the court when his presence is needed. Johnson v. Shaffer, 64 Ohio App. 236, 28 N.E.2d 765, 767. In its more ancient signification, the word includes the delivery of property, real or personal, by one person to another.

 

BAIL, n. The surety or 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.

—Bail above or bail to the action. See Special bail, infra.

—Bail absolute. Sureties whose liability is condiditioned upon the failure of the principal to duly account for money coming to his hands as administrator, guardian, etc.

—Bail below, or bail to the sheriff. See Bail to the sheriff or bail below, infra.

—Bail bond. A bond executed by a defendant who has been arrested, together with other persons as sureties, naming the sheriff, constable, or marshal as obligee, in a penal sum proportioned to the damages claimed or penalty denounced, conditioned that the defendant shall duly appear to answer to the legal process in the officer's hands, or shall cause special bail to be put in, as the case may be.

An obligation signed by the accused with sureties, conditioned that the same shall be void on the performance by the accused of such acts as he is required to perform. State v. Wilson, 265 Mo. 1, 175 S.W. 603, 605.

Its purpose is to secure the presence of the one charged in court when his presence is required in order to answer to the charge. State v. Clark, 234 Iowa 338, 11 N.W.2d 722. In criminal cases, a bail bond is a contract under seal, which, from its nature, requires sureties or bail, and there fore differs from a "recognizance," which is a debt or obligation of record, acknowledged before some court or magistrate authorized to take it, with condition to do some particular act, and which need not be executed by the parties. State v. Bradsher, 189 N.C. 401, 127 S.E. 349, 351, 38 A.L.R. 1102. But under the law of Connecticut, "recognizance" and "bail" are interchangeable. National Surety Co. v. Nazzaro, 239 Mass. 341, 132 N.E. 49, 50.

—Bail common. 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 Roe. 3 Bl.Comm. 287.

—Bail court. In English law and practice. An auxiliary court of the court of queen's bench at Westminster, wherein points connected more particularly with pleading and practice are argued and determined. Holthouse; Wharton, Law Dict. 2d Lond. ed. It has been abolished.

—Bail dock. Formerly at the Old Bailey, in London, a small room taken from one of the corners of the court, and left open at the top, in which certain malefactors were placed during trial. Cent. Dict.

—Bail in error. That given by a defendant who intends to bring a writ of error on the judgment and desires a stay of execution in the meantime.

—Bail piece. A formal entry or memorandum of the recognizance or undertaking of special bail in civil actions, which, after being signed and acknowledged by the bail before the proper officer, is filed in the court in which the action is pending. 3 Bl.Comm. 291; Worthen v. Prescott, 60 Vt. 68,11 Atl. 690.

—Bail to the action or bail above. Special bail (q.v.).

—Bail to the sheriff or bail below. 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.Comm. 290; 1 Tidd, Pr. Sureties who bind themselves to the sheriff to secure the defendant's appearance, or his putting in bail to the action on the return day of the writ.

"Bail to the sheriff was originally designed to temporarily liberate the defendant from close custody, and to place means in the sheriff's hands to insure the defendant's appearance to answer at the return of the writ. The appearance which was contemplated was not, however, necessarily an actual appearance in person, but by putting in new bail, called bail to the action, special bail, or bail above. This special bail, or bail above, was by recognizance, which was matter of record, and an act of appearance, and by it the bail were bound that if the defendant should be condemned he should pay or render himself a prisoner, and if he did not, that they would pay the condemnation. The undertaking of the ball to the sheriff, or bail below, was wholly different, and was adapted to the specific exigency. It was in the form of a bond to the sheriff, and was conditioned for the defend= ant's appearance at the return of the writ, which meant putting in and perfecting bail above." De Myer v. McGonegal, 32 Mich. 120, 124.

—Civil bail. That taken in civil actions.

—Common bail. Fictitious sureties formally en. tered in the proper office of the court. See Bail common, supra.

—Special bail. Responsible sureties who undertake as bail above. 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 may be recovered against him,) or render himself a prisoner, or that they will pay it for him. 3 Bl. Comm. 291; 1 Tidd, Pr. 245; Sellon, Pr. 137. See Bail to the sheriff or bail below, supra.

—Straw bail. Nominal or worthless bail. Irresponsible persons, or men of no property, who make a practice of going bail for any one who will pay them a fee therefor, and who originally, as a mark of their purpose, wore straw in their shoes.

 

BAIL, Fr. In French and Canadian law. A lease of lands. See Merlin, Repert. Bail.

—Bail a cheptel. A contract by which one of the parties gives to the other cattle to keep, feed and care for, the borrower receiving half the profit of increase, and bearing half the loss. Duverger.

—Bail a ferme. A contract of letting lands.

—Bail a longues annêes. A lease for more than nine years; the same as bail emphyteotique (see infra) or an emphyteutic lease.

—Bail it loyer. A contract of letting houses.

—Bail It rente. A contract partaking of the nature of the contract of sale, and that of the contract of lease; it is translative of property, and the rent is essentially redeemable. Clark's Heirs v. Christ's Church, 4 La. 286; Poth. Bail a Rente, 1, 3.

—Bail emphyteotique. An emphyteutic lease; a lease for a term of years with a right to prolong indefinitely; practically equivalent to an alienation. 5 Low. C. 381; 6 Low. C. 58. See Emphyteusis.

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