Legal Term Dictionary

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 truuks of passengers, which are not designed for any such use, but for other purposes, More...

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 truuks 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, 56 111. 217; Hawkins v. Hoffman, 6 Hill (N. Y.) 590, 41 Am. Dec. 767; Maurltz v. Railroad Co. (O. C.) 23 Fed. 771; Dexter v. Railroad Co., 42 N. Y. 326, 1 Am. Rep. 527; Story, Bailm. § 499. Less...

A chest or coffer. Fleta.

A chest or coffer. Fleta. Less...

v. To procure the release 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 imprisoned, on security being taken for his More...

v. To procure the release 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 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 hauds 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. Less...

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 More...

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. Less...

Fr. In French and Canadiau law. A lease of lands. -Bail A 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. Du verger.-Bail A ferme. A More...

Fr. In French and Canadiau law. A lease of lands. -Bail A 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. Du verger.-Bail A ferme. A contract of letting lands.-Bail A longues annees. A lease for more than nine years; the same as bail emphyteotique (see infra) or an emphyteutic lease.-Bail A loyer. A contract of letting houses.-Bail A 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 a 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. Less...

Capable of being bailed; admitting of ball; authorizing or requiring bail. 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 More...

Capable of being bailed; admitting of ball; authorizing or requiring bail. 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. Less...

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. 35f; McGee v. French, 49 S. C. 454, 27 S. E. 487; Bergman v. People, 177 111. 244. 52 N. More...

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. 35f; McGee v. French, 49 S. C. 454, 27 S. E. 487; Bergman v. People, 177 111. 244. 52 N. E. 363; Com. v. Chathams, 50 Pa. 181, 88 Am. Dec. 539. Less...

In the Scotch law. A bailie is (1) a magistrate having inferior criminal jurisdiction, similar to that of an alderman, (q.;v.) (2) an ofllcer appointed to confer infeoffment, (q. v.;) a bailiff, (q. v.;) a server of writs. Bell.

In the Scotch law. A bailie is (1) a magistrate having inferior criminal jurisdiction, similar to that of an alderman, (q.;v.) (2) an ofllcer appointed to confer infeoffment, (q. v.;) a bailiff, (q. v.;) a server of writs. Bell. Less...

In a general sense, a person to whom 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. More...

In a general sense, a person to whom 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 mentloiied by Bracton. In the action 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 lies, for the profits which he has raised or made, or might by his industry or care have raised or made." Barnum v. Lnndon, 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 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 tbe 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. Less...

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 More...

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 as an under-sheriff exercised under the sheriff of the county. Whishaw. Less...