Legal Term Dictionary

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...

The territorial jurisdiction of a sheriff or bailiff. 1 Bl. Comm. 344. Greenup v. Bacon. 1 T. B. Mon. (Ky.) 108.

The territorial jurisdiction of a sheriff or bailiff. 1 Bl. Comm. 344. Greenup v. Bacon. 1 T. B. Mon. (Ky.) 108. Less...

In Canadian law. The unpaid vendor of real estate.

In Canadian law. The unpaid vendor of real estate. Less...

In old French law. One to whom judicial authority was assigned or delivered by a superior.

In old French law. One to whom judicial authority was assigned or delivered by a superior. Less...

A delivery of goods or personal property, by one person to another, in trust for the execution of a special object upon or in relation to such goods, beneficial either to the bailor or bailee or both, and upon a contract, express or implied, to perform the trust and carry More...

A delivery of goods or personal property, by one person to another, in trust for the execution of a special object upon or in relation to such goods, beneficial either to the bailor or bailee or both, and upon a contract, express or implied, to perform the trust and carry out such object, and thereupon either to redeliver the goods to the bailor or otherwise dispose of the same In conformity with the purpose of the trust. Watson v. State, 70 Ala. 13, 45 Am. Rep. 70; Com. v. Maher, 11 Phila. (Pa.) 425: McCaffrey v. Knapp, 74 111. App. 80; Krause v. Com., 93 Pa. 418, 39 Am. Rep. 762; Fulcher v. State. 32 Tex. Cr. R. 621, 25 S. W. 625. See Code Ga. 1882, § 2058. A delivery of goods in trust upon a contract, expressed or implied, that the trust shall be faithfully executed on the part of the bailee. 2 Bl. Comm. 455. Bailment, from the French bailier, to deliver, is a delivery of goods for some purpose, upon a contract, express or implied, that, after the purpose has been fulfilled, they shall be redelivered to the bailor, or otherwise dealt with, according to his directions, or (as the case may be) kept till he reclaims them. 2 Steph. Comm. 80. A delivery of goods in trust upon a contract, expressed or implied, that the trust shall be duly executed, and the goods restored by the bailee as soon as the purposes of the bailment shall be answered. 2 Kent, Comm. 559. Bailment is a delivery of a thing in trust for some special object or purpose, and upon a contract, express or implied, to conform to the object or purpose of the trust. Story, Bailm. 3. A delivery of goods in trust on a contract, either expressed or implied, that the trust shall be duly executed, and the goods redelivered as soon as the time or UBC for which they were bailed shall have elapsed or be performed. Jones, Bailm. 117. Bailment is a word of French origin, significant of the curtailed transfer, the delivery or mere handing over, which is appropriate to the transaction. Schouler, Pers. Prop. 695. The test of a bailment is that the identical thing is to be returned; if another thing of equal value is to be returned, the transaction is a sale. Marsh v. Titus, 6 Thomp. A C. (N, Y.) 29; Sturm v. Roker. 150 U. S. 312, 14 Sup. Ct. 99, 37 L. Ed. 1093. Classification. Sir William Jones has divided bailments into five sorts, namely: Depositum, or deposit; mandatum, or commission without recompense; commodatum, or loan for use without pay: pignori acccp-tum, or pawn; locatum. or hiring, which is always with reward. This last is subdivided into locatio rei, or hiring, by which the hirer gains a temporary use of the thing; locatio operis faciendi, when something is to be done to the thing delivered; locatio operU mcrdum vehendarum, when the thing is merely to be carried from one place to another. Jones, Bailm. 36. Lord Holt divided bailments thus: (1) Depositum, or a naked bailment of goods, to be kept for the use of the bailor. (2) Commodatum. Where goods or chattels that are useful are lent to the bailee gratis, to be used by him. (3) Locatio rei. Where goods are lent to the bailee to be used by him tor hire. (4) Vadium. Pawn or pledge. (5) Locatio operis faciendi. Where goods are delivered to be carried, or something is to be done about them, for a reward to be paid to the bailee. (6) Mandatum. A delivery of goods to somebody who is to carry them, or do something about them, gratis. 2 Ld. Raym. 909. Another division, suggested by Bouvier, is as follows: First, those bailments which are for the benefit of the bailor, or of some person whom he represents; second, those for the benefit of the bailee, or some person represented by him; third, those which are for the benefit of both parties. -Bailment for hire. A contract in which the bailor agrees to pay an adequate recompense for the safe-keeping of the thing intrusted to the custody of the bailee, and the bailee agrees to keep it and restore it on the request of the bailor, in the same condition substantially as he received it. excepting injury or loss from causes for which he is not responsible. Arent v. Squire, 1 Daly (N. Y.) 356.-Gratuitous bailment. Another name for a depositum or naked bailment, which is made only for the benefit of the bailor and is not a source of profit to the bailee. Foster v. Essex Bank, 17 Mass. 499, 9 Am. Dec. 168.-Lucrative bailment. One which is undertaken upon a consideration and for which a payment or recompense is to be made to the bailee, or from which he is to derive some advantage. Prince v. Alabama State Fair, 106 Ala. 340, 17 South. 449, 28 L. R. A. 716. Less...

The party who bails or delivers goods to another, in the contract of bailment. McGee v. French, 49 S. C. 454, 27 S. E. 487.

The party who bails or delivers goods to another, in the contract of bailment. McGee v. French, 49 S. C. 454, 27 S. E. 487. Less...