Bail

[O. Fr. bailler, from Fr. bail, a giving over or granting; It. bali a, power, authority; Lat. bajulus, a bearer, one who bears authority.] ( Law. ) The delivery of a person to another for keeping, used in reference to one arrested, or committed to prison, upon either a civil or criminal proce ; and he is said to be bailed, when he is delivered to another, who becomes his surety in bonds, (to a greater or le amount, according to the amount of the demand for which he is sued, or the heinousne of the crime with which he is charged,) for his appearance at court to take his trial. Bail is either common or special; the former being merely fictitious, whereby nominal sureties, as John Doe and Richard Roe, are feigned to be answerable for the defendant's appearance at the court to which he is cited. Special bail is that of an actual surety. The laws of the U. States, and of the several States, allow of bail to be given in all civil proce es, whatever may be the amount of damages which the defendant may be called upon to answer in the suit; and the jealousy of personal liberty, so congenial to the American institutions, has introduced a provision into some of the constitutions, that exce ive bail shall not, in any case, be demanded; and when the defendant, or party charged with a crime, for which he is arrested, considers the bail demanded to be exce ive, he may, by habeas corpus, or other proce or application, according to the provisions of the laws under which he is arrested, have the bond reduced to a reasonable amount. In respect to bail, the act of Congre , 1789, c. 20, s. 33, provides, that, "upon all arrests, in criminal cases, bail shall be admitted, except where the punishment may be death, in which case it shall not be admitted, except by the supreme or circuit court, or by a justice of the supreme court, or a judge of the district court, who shall exercise their discretion therein." The laws of the several States are generally equivalent, or substantially so, to this Act of Congre , on the subject of bail. The party bailed is considered to be in the custody of his bail or sureties, who may seize and deliver him up to the court, and thus discharge themselves from their responsibility. the abundance of its hot springs, which gave to the Romans, who were pa ionately fond of the bath, the opportunity of indulging in that luxury in every form desirable. B. seems to have come into fashion previously to, or about the æra of Lucullus, who had a splendid villa here, as had, also, Cæsar, Pompey, and August us; and it continued to increase in popularity, and to be a favorite resort of the emperors and of the affluent voluptuaries of Rome till the eruption of the barbarians under Theodoric the Goth. The town was built originally on the narrow strip of ground between the hills and the sea; but as this space was of very limited dimensions, after B. became a fashionable resort, the foundations of its streets and palaces were projected into the bay itself. This is alluded to by Horace. No sooner, however, had opulence been withdrawn from it, than the sea gradually resumed its old domain; moles and buttre es were torn asunder, washed away or tumbled headlong into the deep, where, -v. a. To deliver over to the control of a surety; to set (Games.) The top-piece which cro es the wicket, in the game of cricket. -The handle of a kettle or similar utensil. - A division between the stalls of a stable; as, "a swinging bail ." In England, a certain boundary within a forest. free or liberate from custody, as an offender, on security for his reappearance. To deliver goods in charge. (Naut.) To free from water; as, to bail a bont. Bailable, a . That may be bailed; that may be set & liberty by bail or sureties; - used of persons. "He's bailable, I'm sure."- Ford . That admits of bail; as, a bailable offence. Bail'-bond, n . ( Law . ) A bond given by a prisoner and his surety for his reappearance when called upon. Bailee', n. [O. Fr. baillé .] ( Law .) One to whom goods are bailed; the party to whom personal property is delivered under a contract of bailment. - See BAILMENT. Bail'er. The same as BAILOR, 9. v. Bailey, n . [L. Lat. ballium .] In England, originally, a court within a fortre ; now, sometimes applied to a prison or court of justice; as, the Old Bailey in London; the New Bailey in Manchester. Bailey, PHILIP JAMES, ( bai'le ,) an English poet, B. at Nottingham, 1816. His " Festus ," published in 1839, was highly succe ful. He has since published the Angel World , the Mystic , the Age , ., but Festus , notwithstanding the peculiarity of many of the sentiments with which it is disfigured, remains his best work. Bai'ley Hollow, in Pennsylvania, a post-office of Lack a wanna co. Baileys burg, in Pennsylvania , a village of Perry co. on the Juniata river, 23 m. N.N.W. of Harris burg. Baileys burg, in Virginia , a village of Surry co, about 50 m. S.S.E. of Richmond. Bailey's Creek, in Mi ouri , a P. O. of Osage co. Bai'ley's Harbor, in Wisconsin, a post-township of Door co., on Lake Michigan. Bailey's Mill, in Florida , a post-office of Leon co. Bailey's Mills, in Ohio , a post-office of Belmont co. Bailey town, in Indiana , a village of Porter co., 14 m. N. by W. of Val para i so. Bailey ville, in Illinois , a post-office of Ogle co. Bai'ley ville, in Maine , a post-township of Washington county, 80 m. E.N.E. of Bangor, on the St. Croix river.