BAIL. Fr. In French and Canadian law. A lease of lands.
—Bill à 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 à ferme. A contract of letting lands.—Bail à longues années. A lease for more than nine years; the same as bail emphyteotique (see infra) or an emphyteutic lease.—Bail à loyer. A contract of letting houses.—Bail à 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 à 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.
BAILABLE. Capable of being bailed; admitting of bail; authorizing or requiring ball. A bailable action is one in which the defendant cannot be released from arrest except on furnishing bail. Bailable process is such as requires the officer to take bail, after arresting the defendant. A bailable offense is one for which the prisoner may be admitted to bail.
BAILEE. In the law of contracts. One to whom goods are bailed; the party to whom personal property is delivered under a contract of bailment. Phelps v. People, 72 N. Y. 357; McGee v. French, 49 S. C. 454, 27 S. E. 487; Bergman v. People, 177 Ill. 244, 52 N. E. 363; Com. v. Chathams, 50 Pa. 181, 88 Am. Dec. 539.
BAILIE. In the Scotch law. A bailie is (1) a magistrate having interior criminal jurisdiction, similar to that of an alderman, (q. v.;) (2) an officer appointed to confer infeoffment, (q. v.;) a baliff, (q. v.;) a server at writs. Bell.
BAILIFF. In a general sense, a person to who some authority, care, guardianship, or jurisdiction is delivered, committed, or intrusted; one who is deputed or appointed to take charge of another's affairs; an overseer or superintendent; a keeper, protector, or guardian; a steward. Spelman.
A sheriff's officer or deputy. 1. Bl. Comm. 344.
A magistrate, who formerly administered justice in the parliaments or courts of France, answering to the English sheriffs as mentioned by Bracton.
In the notion of account render. A person who has by delivery the custody and administration of lands or goods for the benefit of the owner or bailor, and is liable to render an account thereof. Co. Litt 271; Story, Eq. Jur. § 446; West v. Weyer, 46 Ohio St. 66, 18 N. E. 537, 15 Am. St. Rep. 552.
A bailiff is defined to be "a servant that has the administration and charge of lands, goods, and chattels, to make the best benefit for the owner, against whom an action of account lay for the profits which he has raised or made, or might by his industry or care have raised or made." Barnum v. Landon, 25 Conn. 149.
—Bailiff-errant. A bailiff's deputy.—Bailiffs of franchises. In English law. Officers who perform the duties of sheriffs within liberties or privileged jurisdictions, in which formerly the king's writ could not be executed by the sheriff. Spelman.—Bailiffs of of hundreds. In English law. Officers appointed over hundreds, by the sheriffs, to collect fines therein, and summon juries; to attend the judges and justices at the assises and quarter sessions; and also to execute writs and process in the several hundreds. 1 Bl. Comm. 345; 3 Steph. Comm. 29; Bract. fol 116.—Bailiffs of manors. In English law. Stewards or agents appointed by the lord (generally by an authority under seal) to superintend the manor, collect fines, and quit rents, inspect the buildings, order repairs, cut down trees, impound cattle trespassing, take an account of wastes, spoils, and misdemeanors in the woods and demesne lands and do other acts for the lord's interest. Cowell.—High bailiff. An officer attached to an English county court. His duties are to attend the court when sitting; to serve summonses; and to execute orders, warrants, writs, etc. St. 9 & 10 Vict. c. 95, § 33; Poll. C. C. Pr. 16. He also has similar duties under the bankruptcy jurisdiction of the county courts.—Special bailiff. A deputy sheriff, appointed at the request of a party to a suit, for the special purpose of serving or executing some writ or process in such suit.
BAILIVIA. In old law. A bailiff's jurisdiction, a bailiwick; the same as bailium. Spelman. See Bailiwick.
In old English law. A liberty, or exclusive jurisdiction, which was exempted from the sheriff of the county, and over which the lord of the liberty appointed a bailiff with such powers within his precinct