Bail

the security given by one who is arrested his 4 pg to answer the charge—derived dailler, to hand over, because the accused is into the hands of those who make themeee for him; and who may, if they him of an intended flight, have him im- Formerly any plaintiff might, on making affidavit as to the cause of action, call upon the to find bail for his appearance; but this has been generally abolished, and the nef or bail only retained in a few civil cases, which the most important are that under the Act of 1869, of a defendant intending to England; in cases where a defendant is on writ of attachment; on arrest in the Division, where a defendant is intending leave England. In Admiralty actions the demay have the ship or other property which been arrested, released on his procuring bail its value; the instrument executed for this puris known as the “ Bail Bond.” The most familiar cases of bail are those in crim i proceedings. In cases of misdemeanor the must, and in cases of felony other than they may, admit to bail. In the excepted bail may be accepted by order of the Secretary State, by the Court of King’s Bench, or by any in time of vacation. Bail in error is bail by a defendant or prisoner during the pen of a writ of error. In Foreign Attachment bail is one of the ways by which the attach may be di olved. [FUREIGN ATTACHMENT. ] Recognisances are said to be estreated when the fails to comply with their condition, as by or otherwise. [ESCHEAT.] In the United States the practice is very similar the above. In Scotland there are certain fixed of bail for different degrees of persons several statutes, the principal one being the Geo. IIT. c. 49 (1799). Bailee, BAILMENT, BAILoR. Bailment is a entered into by which goods are delivered one person (termed the bailor) to the other the bailee) upon an expre or implied by the latter to return them to the or to deliver them to some other person by him after the purpose has been ful- The bailee is legally bound to take care of goods while in his po e ion. The amount of to be thus taken is often expre ly fixed by contract, but where the contract is silent on point the following rules, which are based on presumable intention of the parties, are applicaccording to the circumstances of the parcase. 1. Where the bailment is for the benefit of the alone, the bailee is liable only for gro nce.. Where the bailment is for the benefit of the alone, he is bound to use the strictest and care. ) Bailiff. 3. Where it is for the benefit of both bailor and bailee the bailee is only bound to use ordinary average diligence and care. The practice of bailment is known in the United States, and the above illustrations of it are also applicable there. Bailey, PHILIP JAMES, born at Nottingham in 1816, was educated for the law at Glasgow University. He took, however, to poetry, and 1839 startled the world by peste Festus, a non-acting drama, constructed on lines similar to those of Goethe's Faust, and containing, amidst much that was extravagant and absurd, many pa ages of originality and beauty. His later works, The Angel World, The Mystic, The Age, or The Universal Hymn, were warmly welcomed. He died in 1902. Bailey, SAMUEL, born at Sheffield in 1787, and known therefore as “ Bailey of Sheffield,” devoted himself from his youth to ethical speculations, and fn 1820 produced his e ays On the Formation and Publication of Opinions. These were followed by K ays on the Pursuit of Truth and Progre of Knowledge, and a work on The Theory of Reasoning. In later life he wrote on political economy and Shakes per i an criticism. He adopted the Utilitarian system of morals, the “‘ Common Sense” theory of psychology, and advocated perfect freedom of inuiry. At his death in 1870 he left most of his large ortune acquired in busine to his native town.