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some states, the word may have a more precise meaning. In Louisiana, bad debts are those which have been prescribed against (barred by limitations) and those due by bankrupts who have not surrendered any property to be divided among their creditors. Civ. Code La. 1900, art. 1048. In North Dakota, as applied to the management of banking associations, the term means all debts due to the association on which the interest is past due and unpaid for in period of six months, unless the same are well secured and in process of collection. Rev. Codes N. D. 1899, § 3240.—Bad faith. The opposite of "good faith," generally implying or involving actual or constructive fraud, or a design to mislead or deceive another, or a neglect or refusal to fulfill some duty or some contracual obligation, not prompted by an honest mistake as to one's rights or duties, but by some interested or sinister motive. Hilgenberg v. Northup, 134 Ind. 92, 33 N. E. 786; Morton v. Immigration Ass'n, 79 Ala. 617; Coleman v. Billings, 89 Ill. 191; Lewis v. Holmes, 109 La. 1030, 34 South. 66, 61 L. R. A. 274; Harris v. Harris, 70 Pa. 174; Penn Mut. L. Ins. Co. v. Trust Co., 73 Fed. 653, 19 C. C. A. 316, 38 L. R. A. 33, 70; Insurance Co. v. Edwards, 74 Ga. 230.—Bad title. One which conveys no property to the purchaser of the estate; one which is so radically defective that it is not marketable, and hence such that a purchaser cannot he legally compelled to accept it. Heller v. Cohen, 15 Misc. Rep. 378, 36 N. Y. Supp. 668.

BADGE. A mark or cognizance worn to show the relation of the wearer to any person or thing; the token of anything; a distinctive mark of office or service.

BADGE OF FRAUD. A term used relatively to the law of fraudulent conveyances made to hinder and defraud creditors. It is defined as a fact tending to throw suspicion upon a transaction, and calling for an explanation. Bump, Fraud. Conv. 31; Gould v. Sanders, 69 Mich. 5, 37 N. W. 37; Bryant v. Kelton, 1 Tex. 420; Goshorn v. Snodgrass, 17 W. Va. 768; Kirkley v. Lacey, 7 Houst. (Del.) 213, 30 Atl. 994; Phelps v. Samson, 113 Iowa, 145, 84 N. W. 1051.

BADGER. In old English law. One who made a practice of buying corn or victuals in one place, and carrying them to another to sell and make profit by them.

BAG. A sack or satchel. A certain and customary quantity of goods and merchandise in a sack. Wharton.

BAGA. In English law. A bag or purse. Thus there is the petty-bag-office in the common-law jurisdiction of the court of chancery, because all original writs relating to the business of the crown were formerly kept in a little such or bag, in parvâ bagâ. 1 Madd. Ch. 4.

BAGGAGE. In the law of carriers. This term comprises such articles of personal convenience or necessity as are usually carried by passengers for their personal use, and not merchandise or other valuables, although carried in the trunks of passengers, which are not designed for any such use, but for other purposes, such as a sale and the like. The term includes whatever the passenger takes with him for his personal use or convenience according to the habits or wants of the particular class to which he belongs, either with reference to the immediate necessities or ultimate purpose of the journey. Macrow v. Railway Co., L. R. 6 Q. B. 612; Bomar v. Maxwell, 9 Humph. (Tenn.) 621, 51 Am. Dec. 682; Railroad Co. v. Collins, 56 Ill. 217; Hawkins v. Hoffman, 6 Hill (N. Y.) 500, 41 Am. Dec. 767; Mauritz v. Railroad Co. (C. C.) 23 Fed. 771; Dexter v. Railroad Co., 42 N. Y. 326, 1 Am. Rep. 527; Story, Bailm. § 499.

BAHADUM. A chest or coffer. Fleta.

BAIL, v. To procure the unease of a person from legal custody, by undertaking that he shall appear at the time and place designated and submit himself to the jurisdiction and judgment of the 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 bands 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.

BAIL, n. In practice. The 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.

Upon those contracts of indemnity which are taken in legal proceedings as security for the performance of an obligation imposed or declared by the tribunals, and known as undertakings or recognizances, the sureties are called "bail." Civ. Code Cal. § 2780.

The taking of bail consists in the acceptance by a competent court, magistrate, or officer, of sufficient bail for the appearance of the defendant according to the legal effect of his undertaking, or for the payment to the state of a certain specified sum if he does not appear. Code Ala. 1886, § 4407.

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