Blacks Law Dict. 1st ed

BAIL-BOND

118

BADGE

BADGE. A mark or cognizance worn to show the relation of the wearer to any person or thing; the token of anything; a distinctive mark of office or service. BADGE OF FRAUD. A term used relatively to the law of fraudulent convey ances made to hinder and defraud creditors. It is defined as a fact tending to throw suspi cion upon a transaction, and calling for an explanation. Bump, Fraud. Conv. 31. BADGER. In old English law. One who made a practice of buying corn or vict uals in one place, and carrying them to an other to sell and make profit by them. BAG. A certain and customary quantity of goods and merchandise in a sack. Whar ton. BAGA. In English law. A bag or purse. Thus there is the petty-bag-office in the com mon-law jurisdiction of the court of chancery, because all original writs relating to the busi ness of the crown were formerly kept in a little sack or bag, in parvd bagd,. 1 Madd. Ch. 4. BAGGAGE. In the law of carriers. This term comprises such articles of personal con venience or necessity as are usually carried by passengers for their personal use, and not merchandise or other valuables, although carried in the trunks of passengers, which ere not designed for any such use, but for other purposes, such as a sale and the like. Story, Bailm. § 499. See, also, Hutch. Carr. § 679; L. R. 6 Q. B. 612; 6 Hill, 586; 9 Humph. 621; 23 Fed. Rep. 765. See cases collected in 1 Amer. & Eng. Enc. Law, 1042. The term includes whatever the passenger takes with him for his personal use or con venience 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. L. R. 6 Q. B. (512. BAHADTJM. A chest or coffer. Fleta. BAIL, 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 jurisdic tion and judgment of the court. To set at liberty a person arrested or im prisoned, on security being taken for his ap pearance on a day and a place certain, which security is called "bail," because the party arrested or imprisoned is delivered into the hands of those who bind themselves for his forthcoming, (that is, become bail for his due AM.DIOT.LAW—8

appearance when required,) in order that h« may be safely protected from prison. Whar ton. BAIL, n. In practice. The sureties who procure the release of a person under ar rest, by becoming responsible for his appear ance at the time and place designated. Those persons who become sureties for the appear ance of the defendant in court. Upon those contracts of indemnity which are taken in legal proceedings as security for the per formance of an obligation imposed or declared by the tribunals, and known as undertakings or re cognizances, the sureties are called "bail." Civil Code Cal. § 2780. The taking of bail consists in the acceptance by a competent court, magistrate, or officer, of suffi cient bail for the appearance of the defendant ac cording 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. 1886, § 4407. Bail is of various kinds, such as: Civil bail. That taken in civil actions. Special bail, being persons who undertake that if the defendant is condemned in the action he shall pay the debt or surrender himself for imprisonment. Bail in error. That given by a defend ant who intends to bring error on the judg ment and desires a stay of execution in the mean time. See, further, the following titles. In Canadian law. A lease. Bail erh~ phyteotique. A lease for years, with a right to prolong indefinitely. 5 Low. Can. 381. It is equivalent to an alienation. 6 Low. Can. 58. BAIL A CHEPTEL. In French law. 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 in crease, and bearing half the loss. Duverger. BAIL A FERME. In French law. A contract of letting lands. BAIL A LOYER. In French law. A contract of letting houses. BAIL A RENTE. In French law. A contract partaking of the nature of the con tract of sale, and that of the contract of lease; it is translative of property, and the rent is essentially redeemable. 4 La. 286; Poth. Bail a Rente, 1, 3. BAIL ABSOLUTE. Sureties whose lia bility is conditioned upon the failure of the principal to duly account for money coming to his hands as administrator, guardian, etc. BAIL-BOND. In practice. A bond ex ecuted by a defendant who has been arrested*

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