Blacks Law Dict. 1st ed

BAILIFFS OF MANORS.

BAIL, COMMON

114

together with other persons as sureties, nam ing the sheriff, constable, or marshal as ob ligee, in a penal sum propoitioned to the dam ages claimed or penalty denounced, condi tioned 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. In practice. A ficti tious 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 sure ties are merely nominal or imaginary persons, as John Doe and Itichard 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 PIECE. In practice. 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. BAIL TO THE ACTION, BAIL ABOVE, OR SPECIAL BAIL. In prac tice. 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 ren der himself a prisoner, or that they will pay it for him. 3 Bl. Comm. 291; 1 Tidd, Pr. 245. BAIL TO THE SHERIFF, OR BAIL BELOW. In practice. Persons who un dertake 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. 390; 1 Tidd, Pr. 221. BAILABLE. Capable of being bailed; admitting of bail; authorizing or requiring bail. A bailable action is one in which the defendant cannot be released from arrest ex cept on furnishing bail. Bailable process is such as requires the officei to take bail, after Arresting the defendant. A bailable offense

is one for which the prisoner may be admitted to bail. BAILEE. In the law of contracts. One to whom goods are bailed; the party to whom personal property is delivered under a con tract of bailment. BAILIE. In the Scotch law. A bailie is (1) a magistrate having inferior criminal ju risdiction, similar to that of an alderman, (q. v.;) (2) an officer appointed to confer in feoffment, (g. «.;) a bailiff, (q. ©.;) a server of writs. Bell. BAILIFF. In a general sense, a person to whom some authority, care, guaidianship, or jurisdiction is delivered, committed, or in trusted ; 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 men tioned by Bracton. In the action of account render. A person who has by delivery the custody and administration of lands or goods for the ben efit of the owner or bailor, and is liable to render an account thereof. Co. Litt. 271; Story, Eq. Jur. § 446. 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 piofits which he has raised or made, or might by his industry or care have raised or made." 25 Conn. 149. BAILIFF-ERRANT. A bailiff's dep uty. BAILIFFS OF FRANCHISES. In English law. Officers who perform the du ties 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 En glish law. Officers appointed over hun dreds, 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; 3Steph, Comm. 29; Bract, fol. 116. BAILIFFS OF MANORS. In English law. Stewards or agents appointed by tha

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