Page:Black's Law Dictionary (Second Edition).djvu/121

From Wikisource
Jump to navigation Jump to search
This page needs to be proofread.


particularly with pleading and practice are an- gued and determined. Holthouse.—Bail III error. That given by A defeiidant who intends to hr'ng a writ of error on the judgment and de- ill".?S a stay of execution in the menu tune.- Bail piece forumi entry or meinorandiini _ iziince or undertaking of special bail in civil actions, which, after being si.-ner.l I‘!-I sic! noulcrlged Ii; the bail before the proper {fir-W‘, is filed in the court in which the action Y"||llll:lg. 3 Bl. Comm. 291: 1 '1‘irlil, Pr. Worthen v. Prescott, 60 Vt. 68, 11 At]. I\icolls v. Incersoll. 7 Johns. (N. Y.) 154. -—Ba.i.l to the action or hail above. S[)(‘(‘l.'|l hail, (q. ¢‘.)—Bail to the slier-ii, or ball he w. in practice. Persons who undertake that a defendant arrested upon inesne process in a civil!\CIlD'D shall duly appear to answer the plaintiff: such undertaking helix; in the form at a bond given to the sheriff. reri-ner.l s "hail- hr.-ml,“ iq. v.) 3 Bl. Comm. 290: 1 Tidd. Pr. ?:!l—~C;ivil bail. That taken in civil actions —-Special bail. In practice Persons who lllI'l"l‘tfll.{E jointly and severally in hehelf o[ ii dr"uiduut arrnsteil on incsne process in a civil 51- ‘ion that, if he be condemned in the action, he sluii pay the (‘osts and condemnation. (that is, the amount which may he recovered against him.) or render hiinseif a prisoner, or that they nili ‘pay it for him. 3 l. Comm. 291; 1 Tiild. i’i- .4 —St:i-aw bail. Nominal or worthiess biii. 1 responsible pel'snDS, or men of no prop- erty, who make 3. practice of going: ball for any one who will pay them a fee therefor.

{{anchor+|.|BAIL. Fr. In French and Canadian law. A iease of lands.

— B clieptel. A contract by which one iii the parties gives to the other cettie to keep. .&‘d, and care for, the horrower receiving half the profit of increase, and bearing haif the ioss. Duver:;ei‘.—Bnfl ii. fecrme. A contract of ietting—Bai.l ii. long-nes années. A lease for more than nine years; the same as li'llI eniphytcotiqiie (see infra) or an einph_vtentic iease.—Bnil ii. oyer. A contract of ietting liouses.— ii. rente. A contract pnitnking of the n.-mire of the contract of snie, and that of the contract of iease' is trunsiative of properi , and the rent s essentially redeem- able. ‘lark's Ileirs v. Christ's Church. 4 Lu. 2. S: Poth. Bail A Rente. 1. 3.— emphy- teotiqnn. An einlphyteutic lease: a lease for I term of years iv lh~a right to prolong indef- Initeiy; practiciilly equivalent to an aiieiiation.

{{anchor+|.|BAILABLE. Capnbie of being bailed; nilniitting of hail; authorizing or requiring ball. A bniiiible action is one in which the defendant cannot be released from arrest £‘lt‘€]')t on furnislllmz liilll. Bailable process is such as requires the officer to take bnii, nrter arresting the derciiiiant. A ’li.-iilable oficiisr ls one for which the prisoner may he admitted to hail.

{{anchor+|.|BAILEE. In the law of contriicts. One to whom goods are liniled; the party to u!e~n personal property is delivered under H contract of hailiueiit. Phelps 1'. People, 1'2 N. Y. 3.57: l\’I(‘G(‘E 1‘. French. 49 S. C. 454, 27 S. E. 487: Bergman v. People. 177 Ili. 2-1-1, 52 l\'. E‘. 3&3: Com. v. Ch.'1th.ims, 50 P.i. 18i. 88 Am. Dec. 539.

{{anchor+|.|BAILIIE. In the Scotch law. A [mine is (11 a iiia:.'i.st1'atc having interior crimliini jurisdiction, simiisr to that of on alderman, (a. v ;) (3 an officer appointed to confer in-

Bl.Law Dict.(2d Ed.)—8



teoflinent, (q. 1;.;) a bnilitf, (q. u.;) a server at writs. Bell.

{{anchor+|.|BAILIFP. In a general sense, a person to WllO'l1] some authority. care, guardianship, or jurisdiction is delivered. r-ommitte(1, or int-rusted; one who is depuled or uppoiuted to take charge of mother's affairs; an overseer or superintendent: :1 keeper. protector, or guardian: :1 steward Spel- man.

A sheritfs officer or deputy. 344.

A magistrate, who formerly administered justice in the parliaments or courts of France snswci in): to the English sheriffs as mentioned by Bracton.

In the notion of account render. A person who has by delivery the custodv and administration of lands or goods for the hciiefit of the owner or hziiior, and is liable to render an account thereof. Co. Litt 271; Story, Eq. Jur. 5 446; \\ est v. Weyer. 46 Ohio St. 66, 13 N. E. 537, 15 Am. St. Rep. 552.

A liailifl is defined to be “ii servnnt that has the administration and charge of innds, goods, and chtitteis. to make the best lieuefit 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" Burnum v. Imndon, 25 Conn. 149.

—Ba.i1ifl-err-ant. A haiiitfs deputy.—Ba.illife of franchises. In English law. Othiers who perform the duties of sherlEEs within liherties or privileged jurisdictions. in which form- crly the kinc’s writ could not be executed by the sherifi.—Ba.U.iEa of hundreds. In English law, officem s ointed over hundrcds, by the sheriffs, to col ect fines therein, and summon juries; to attend the judges and justices at the nssises and quarter sessions; and also to execute writs and pro s la the several hundreds. 1 Bl. Comm. 3 Staph. (‘on-in. 29: Brent. fol 1](i.—Baihfln of ms.- nnrs. In Engrlish law. Stewards or agents appointed by the lord (:.'cnerally by an outlierity under seal) to superintenrl the manor collect fines, and quit rents, inspect the buildin-'1, order repairs, cut. down trees. impound mttle trespassing. take an account of wastes. spoils, and inisdninennnrs in the woods and deinesne ientls. nnd do other acts for the lord's interest. Cowr>li—‘H.ig'.|i liniljii’. An officer attached to an English countv court His duties are to attend the court when sitting; to serve summonses; and to execute orders, warrants, writs, etc. St. 9 «S: 10 Yict. c. '15. § 33: oli. C. G. Pr. 16. He also has similar duties under the b(\l'll('l'llDt('_V jurisdiction of the county courts. —-Special bailif‘. A deputy slicriff, appointed at the request of ti party to a suit, for the special purpose of servinz or executing some writ or procees in such suit.

1 Bl. Comm.


{{anchor+|.|BAHJVIA. In old law. A ‘bailiifs ju- risrllctinn, a baiilwick; the some as btztlium Spelinnn. See BAFLIWICK.

In old English law. A liberty, or ex- cliisiie jnrisiiict,-‘ion, which was exempted from the sheriff of the county, and over which the lord of the llherty appointed a





hiiilifl with such powers within his precinct M