n. In practice. The sureties who procure the release of a persou 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
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n. In practice. The sureties who procure the release of a persou 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 culled "bail." Civ. Code Cal. § 2780.
The taking of bail consists in the acceptance by a competent court, magistrate, or oflicer, 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. 1880. § 4407.
-Bail absolute. Sureties whose liabilitly is conditioned upon the failure of the principal to duly account for money coming to his hands as administrator, guardian, etc.-Ball-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 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.-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 mean time.- 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: 1 Tidd, Pr. 250; Worthen v. Prescott, 60 Vt. 68, 11 Atl. 690; Nicolls v. Ingereoll, 7 Johns. (N. Y.) 154. -Bail to the action or bail above. Special bail, (q. ".)-Bail to the sheriff, or bail below. In practice. 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. 221.-Civil baiL That taken in civil actions. -Special bail. In practice. 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.-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.
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