KFLCC Kingdom Law 2nd Ed.

112

BAIL

BAD

use, but for other purposes, such as a sale and the like. The term includes whatever the passenger takes with him for his per sonal use or convenience according to the habits or wants of the particular class to which he belongs, either with reference to the immediate necessities or ultimate pur pose of the journey. Macrow v. Railway Co., L. R. 6 Q. B. 612; Bomar v. Maxwell, 9 Humph. (Tenn.) 621, 51 Am. Dec. 682; Railroad Co. v. Collins, 56 111. 217; Haw kins v. Hoffman, 6 Hill (N. Y.) 590, 41 Am. Dec. 767; Mauritz v. Railroad Co. (C. C.) 23 Fed. 771; Dexter v. Railroad Co., 42 N. Y. 326, 1 Am. Rep. 527; Story, Bailm. § 499. BAHADTJM. A chest or coffer. Fleta. BAIIi , 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 juris diction 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 in to the hands of those who bind themselves for his forthcoming, (that Is, become bail for his due appearance when required,) in or der that he may be safely protected from prison Wharton. Stafford v. State, 10 Tex. App. 49. BAIIi, 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 appearance of the defendant in court Upon those contracts of indemnity which are taken in legal proceedings as security for the performance of an obligation imposed or de clared by the tribunals, and known as under takings or recognizances, the sureties are called "bail." Civ. Code Cal. § 2780. The taking of bail consists in the acceptance by a competent court, magistrate, or officer, of sufficient bail for the appearance of the de fendant according to the legal effect of his un dertaking, or for the payment to the state of a certain specified sum if he does not appear. Code Ala. 1886, § 4407. —Bail absolute. Sureties whose liability is conditioned upon the failure of the principal to duly account for money coming to his hands as administrator, guardian, etc.—Bail-bond. A bond executed by a defendant who has been arrested, together with other persons as sure ties, naming the sheriff, constable, or marshal as obligee, in a penal sum proportioned to the damages 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. A ficti tious proceeding, intended only to express the appearance of a defendant, in cases where spe cial bail is not required. It is put in in the same form as special bail, but the sureties are merely nominal or imaginary persons, as John Doe and Richard Roe. 3 Bl. Comm. 287.— Bail conrt. In English law and practice. An auxiliary court of the court of queen's bench at Westminster, wherein points connected more

some states, the word may have a more precise meaning. In Louisiana, bad debts are those which have been prescribed against (barred by limitations) and those due by bankrupts who have not surrendered any property to be divided among their creditors. Civ. Code La. 1900, art. 1048. In North Dakota, as applied to the man agement of banking associations, the term means all debts due to the association on which the in terest is past due and unpaid for a period of six months, unless the same are well secured and in process of collection. Rev. Codes N. D. 1899, § 3240—Bad faith.. The opposite of "good faith," generally implying or involving ac tual or constructive fraud, or a design to mis lead or deceive another, or a neglect or refusal to fulfill some duty or some contractual obliga tion, not prompted by an honest mistake as to one's rights or duties, but by some interested or sinister motive. Hilgenberg v. Northup, 134 Ind. 92, 33 N. E. 786; Morton v. Immigration Ass'n, 79 Ala. 617; Coleman v. Billings, 89 111. 191; Lewis v. Holmes, 109 La. 1030, 34 South. 66, 61 L. R, A. 274; Harris v. Harris, 70 Pa. 174; Penn Mut. L. Ins. Co. v. Trust Co., 73 Fed. 653, 19 C. C. A. 316, 38 L. R. A. 33, 70; Insurance Co. v. Edwards, 74 Ga. 230.—Bad title. One which conveys no property to the purchaser of the estate; one which is so radical ly defective that it is not marketable, and hence such that a purchaser cannot be legally com pelled to accept it. Heller v. Cohen, 15 Misc. Rep. 378, 36 N. Y. Supp. 668. BADGE. A mark or cognizance worn to show the relation of the wearer to any per son or thing; the token of anything; a dis tinctive mark of office or service. BADGE OF FRAUD. A term used rel atively to the law of fraudulent convey ances made to hinder and defraud creditors. It is defined as a fact tending to throw sus picion upon a transaction, and calling for an explanation. Bump, Fraud. Conv. 31; Gould v. Sanders, 69 Mich. 5, 37 N. W. 37; Bryant v. Kelton, 1 Tex. 420; Goshorn v. Snodgrass, 17 W. Va. 768; Kirkley v. Lacey, 7 Houst (Del.) 213, 30 Atl. 994; Phelps v. Samson, 113 Iowa, 145, 84 N. W. 1051. 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 sack or satchel. A certain and customary quantity of goods and merchan dise in a sack. Wharton. 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 chan cery, because all original writs relating to the business of the crown were formerly kept in a little sack or bag, in parvA bagd. 1 Madd Ch. 4. In the law of carriers. This term comprises such articles of per sonal convenience or necessity as are usual ly carried by passengers for their personal use, and not merchandise or other valu ables, although carried in the trunks of pas sengeis, which are not designed for any such BADGER. In old English law. BAGGAGE.