KFLCC Kingdom Law 2nd Ed.

113

BAILIVIA

BAIL

feoffment, (q. v.;) a bailiff, (q. v.;) a Berver of writs. Bell. BAILIFF. In a general sense, a per son to whom some authority, care, guardian ship, or jurisdiction is delivered, committed, or intrusted; one who is deputed or ap pointed to take charge of another's affairs; an overseer or superintendent; a keeper, protector, or guardian; a steward. Spel man. A sheriffs 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 mentioned by Bracton. In the action of account render. A person who has by delivery the custody and administration of lands or goods for the benefit of the owner or bailor, and is liable to render an account thereof. Co. Litt. 271; Story, Eq. Jur. § 446; West v. Weyer, 46 Ohio St. 66, 18 N. E. 537, 15 Am. St. Rep. 552. 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 profits which he has raised or made, or might by his industry or care have raised or made." Barnum T. Landon, 25 Conn. 149. —Bailiff-errant. A bailiffs deputy.— Bail iffs of franchises. In English law. Officers who perform the duties of sheriffs within liber ties or privileged jurisdictions, in which form erly the king's writ could not be executed by the sheriff. Spelman — Bailiffs of hundreds. In English 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; 3 Steph. Comm. 29; Bract, fol. 116— Bailiffs of ma nors. In English law. Stewards or agents appointed by the lord (generally by an author ity under seal) to superintend the manor, col lect fines, and quit rents, inspect the buildings, order repairs, cut down trees, impound cattle trespassing, take an account of wastes, spoils, and misdemeanors in the woods and demesne lands, and do other acts for the lord's interest. Cowell — High bailiff. An officer attached to an English county court. His duties are to at tend the court when sitting; to serve summon ses ; and to execute orders, warrants, writs, etc. St. 9 & 10 Vict. c. 95, § 33; Poll. C. C. Pr. 16. He also has similar duties under the bankruptcy jurisdiction of the county courts. — Special bailiff. A deputy sheriff, appoint ed at the request of a party to a suit, for the special purpose of serving or executing some writ or process in such suit.

particularly with pleading and practice are ar gued and determined. Holthouse.— Bail In er ror. That given by a defendant who intends to bring a writ of error on the judgment and de sires a stay of execution in the mean time.— Ball piece. 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; Worthen T. Prescott, 60 Vt. 68, 11 Atl. 690; Nicolls v. Ingersoll, 7 Johns. (N. Y.) 154. — Bail to the action or bail abore. Special bail, (g. v.) — Bail to the sheriff, or bail below. In practice. Persons who undertake 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. 290; 1 Tidd, Pr. 221.— Civil bail. That taken in civil actions. —Special bail. In practice. 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 render himself a prisoner, or that they will pay it for him. 3 Bl. Comm. 291; 1 Tidd, Pr. 245.— Straw baiL Nominal or worthless bail. Irresponsible persons, or men of no prop erty, who make a practice of going bail for any one who will pay them a fee therefor. —Bail a cheptel. 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 increase, and bearing half the loss. Duverger.— Bail a ferine. A contract of let ting lands.— Bail a longues annees. A lease for more than nine years; the same as bail emphyteotique (see infra) or an emphyteu tic lease.— Bail a loyer. A contract of letting houses.— Bail a rente. A contract partaking of the nature of the contract of sale, and that of the contract of lease; it is translative of property, and the rent is essentially redeem able. Clark's Heirs v. Christ's Church, 4 La. 286; Poth. Bail a Rente, 1, 3.— Bail emphy teotique. An emphyteutic lease; a lease for a term of years with a right to prolong indef initely; practically equivalent to an alienation. 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 except on furnishing bail. Bailable process Is such as requires the officer to take bail, after arresting the defendant. A bailable offense is one for which the prisoner may be admitted to bail. In the law of contracts. One to whom goods are bailed; the party to whom personal property is delivered under a contract of bailment. Phelps v. People, 72 N. Y. 357; McGee v. French, 49 S. C. 454, 27 S. E. 487; Bergman v. People, 177 111. 244, 52 N. E. 363; Com. v. Chathams, 50 Pa. 181, 88 Am. Dec. 539. BAILIE. In the Scotch law. A bailie Is (1) a magistrate having inferior criminal Jurisdiction, similar to that of an alderman, (fl. t;.;) (2) an officer appointed to confer in BL.LAW DICT.(2D ED.)—8 BAILABLE. BAILEE. BAIL. Fr. In French and Canadian law. A lease of lands.

BAILIVIA. In old law.

A bailiffs ju

risdiction, a bailiwick; the same as

bailium.

Spelman. See BAILIWICK. In old Engl ish law. A liberty, or ex clusive jurisdiction, which was exempted from the sheriff of the county, and over which the lord of the liberty appointed a bailiff with such powers within his precinct