Page:Black's Law Dictionary (Second Edition).djvu/120

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BAD

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 hanlrrupts “'10 have not surrendered aqv pro petty to be divided among their creditors. Civ. ‘uile La. 1900, art. 104.3‘. 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 ' Rev. Codes N. . The opposite of

00 ,¢,'cnei.illy implying or involving actuni or constmctive fraud, or a design to mislead or deceive another, or a neglect or refusal

to fulfill some duty or some contrartusl obligation. not prompted by an honest mistake as to one's rights or duties, but by some interested or sinistcr nmlivc. Hilgenherg v. 1\'orthup. 134 Ind. 92, 33 N. E. 786; Morton 1'. Im ignition

S’ 79 .\ln. 617; Coicman v. Biill . 89 Ill. 9 ; Lewis v. Holmes, 109 La. 10.“ ' ' . A. 274; Harris v. Ha . 174; Penn Mat. L. Ins. Co. v. Trust ('o., 73 Fed. G33. 19 C. O. A. 316. 58 L. R. A. 33. T 1 Insurance Co. 1'. Edwards, 74 Ga. 230.—Bad title. One which conveys no property to the purchaser of the csiivtc; one which is so radically deferlire that it is not marketable, and hence such that a purchaser cannot he legally compelled to accept it. Ilellcr v. Cohen, 15 Misc. Rep. 378, 313 N. Y. Supp. (i6&

{{anchor+|.|BADGE. A mark or cognizance worn to show the relation of the wearer to any person or thing; the token of anything; 1 distinctive mark of office or service.

{{anchor+|.|BADGE OF FRAUD. A term used rel- atively to the law of fraudulent convey- ances 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, 6'.) Mich. 5. 37 N. W. 37; Bryant v. Kelton, 1 Tex. 420: Goslioru v. Snnd,g1-ass. 17 W. Va. 768: Kirkley v. Lacey, 7 Houst. (Del.) 213. 30 Atl. 994; Phelps v. Samson, 113 Iowa, 145, 84 N. W. 1051.

{{anchor+|.|BADGER. In old English law. One uho nisule a practice of buying corn or vict- nals in one place, and carrying them to an- other to sell and make profit by them.

{{anchor+|.|BAG. A sack or satchel. A certain and customary quantitv of goods and merchandise in a sack Wharton

{{anchor+|.|BAGA. In English law. A bag or purse. Thus there is the petty-ban-officc in the com- mon-law jurisdiction of the court of chacnnry, bccausc all original writs relating to the business of the crown were formerly kept h a little such or bag, m puma ham. 1 liladil. (‘h. 4.

BAGGAGE. In the law of carriers. ‘This term comprises such articles of personal convenlenre or necessity as are usually carried by Iil'l.SSel.l{IEl‘S for their personal use, and not merchandise or other valu- ables, although carried in the trunks of passengers, which are not designed for any such

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{{anchor+|.|BAIL

use, but for other purposes, such as a sale and the like. The term includes uhaterer 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 l(.‘feILLil’L‘ to the immcdiate necessities or nltiuiai-e purpose of the journey. Macrow v, Railway Co.. L. B. (S Q. B. (512; Bnimir v. lllaxwell. 9 Humph. (Tenn) 621, 51 Am. Dec bS_'; IL\UI‘Oii(l Co. v. Collins, 56 Ill. 217; Haw- kins v. IIoil“i.l'iaI1, 6 Hill (N. Y.) 500, [1 Am. Dec. 767; lilaurltz v. Railroad Co. (C. C.) 23 Fed. 771; Dexter v. Railroad Co., =12 N. Y. 326, 1 Am. Rep. 527; Story, Bailm. §499

{{anchor+|.|BAHADUM. A chest or cofter. Fleta

{{anchor+|.|BAIL, 17. 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 juris- diction and judgment of the court.

To set at liberty a person arrested or un- prisoned, on security being taken for his appearance on a (lay and a place certain, which security is called “ball." 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 appe-arance when required.) in order that he may be safely protected from prison. Wharton. Staliord v. State, 10 Tex. App. 49.

{{anchor+|.|BAIL, n. In practice. The suretles who procure the release of a person under arrest, by becoming responsible for his appear- ance at the time and place designated. Those persons who become suretles 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 oblizution imposed or declared by the tribunals, and knonn as undertakings or recogzuizanccs, the snretics are called "baii." Civ. Code ' l. § 27 0.

The taking of bail consista in the acceptance by a competent court, magistrate, or olliccr, of sufficient baii for the appearance of the defendant according to the legal ciliect of his underlaking, or for the payment to the state of a certain specified sum if he does not appear. Code Ala 1830. § 4-107.

—Bail absolute. Surcties whose lialuiity is conditioned upon the failure of the principal to duly account for nuonr-y coming to his hands as administrator, guardian, etc —Bail-hand. A bond executed by a defendant who has been arrested, tngcliicr with other persons as suretics, naming the sheriff. constable, or marshal as 0hii':-_'e(*, in a pennl snm proportioned to the damages claimed or penalty di-nounccr‘l_ conditionrrl that the defendant -‘hall rlul_\- appear to answer to the legal pro: r":-1 l|| the n"'n~r's hands, or shall cause special hall to be put in, as the case may be.—Bai1 common. flotitious proceeding, intended only to express the appearance of a deicndant, in cases where special ball is not rei'.11L'Ircd. It is put in in the same form as special ball, but the srireties are merely nominal or imaginary persons, as John Doe and Riclinrd Doc. 3 Bl. ‘ — Bail court. in English law and practice. An auxiliary court of the court of queen‘: bench at Westminster, wherein points couutcted more

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