particularly with pleading and practice are argued and determined. Holthouse.—Bail in error. That given by a defendant who intends to bring a writ of error on the judgment and desire a stay of execution in the mean time.—Bail 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 v. Prescott, 60 Vt. 68, 11 Atl. 690; Nicolls v. Ingersoll. 7 Johns. (N. Y.) 154.—Bail to the action or bail above. Special bail, (q. 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 at 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 he 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 property, who make a practice of going ball for any one who will pay them a fee therefor.
BAIL. Fr. In French and Canadian law. A lease of lands.
—Bill à 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 à ferme. A contract of letting lands. —Bail à longues années. A lease for more than nine years; the same as bail emphytcotique (see infra) or an emphyteutic iease. —Bail à loyer. A contract of letting houses. —Bail à 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 redeemable. Clark's Heirs v. Christ's Church. 4 La. 286: Poth. Bail à Rente. 1. 3. '—Bail emphyteotique. An emphyteutic lease: a lease for a term of years with a right to prolong indefinitely; practically equivalent to an alienation.
BAILABLE. Capable of being bailed; admitting of bail; authorizing or requiring ball. 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.
BAILEE. 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 Ill. 244, 52 N. E. 363: Com. v. Chathams, 50 Pa. 181. 88 Am. Dec. 539.
BAILIIE. In the Scotch law. A bailie is (1) a magistrate having interior criminal jurisdiction, similar to that of an alderman, (q. v.;) (2) an officer appointed to confer infeoffment, (q. v.;) a baliff, (q. v.;) a server at writs. Bell.
BAILIFF. In a general sense, a person to who some authority. care, guardianship, or jurisdiction is delivered, committed, or intrusted; one who is deputed or appointed to take charge of mother's affairs; an overseer or superintendent: a keeper, protector, or guardian; a steward Spelman.
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 notion 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, 13 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 lay for the profits which he has raised or made, or might by his industry or care have raised or made" Barnum v. London, 25 Conn. 149.
—Bailiff-errant. A bailiffs deputy. —Bailiffs of franchises. In English law. Officers who perform the duties of sheriffs within liberties or privileged jurisdictions. in which formerly the king’s writ could not be executed by the sheriff. Spelman. —Bailiffs of of hundreds. In English law, officers appointed over hundreds, 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. 3 Steph. Comm. 29: Bract. fol 116. —Bailiffs of manors. In English law. Stewards or agents appointed by the lord (generally by an authority under seal) to superintend the manor, collect 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 Bailiffs. An officer attached to an English county court His duties are to attend the court when sitting; to serve summonses; 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 bailifs. A deputy sheriff, appointed at the request of a party to a suit, for the special purpose of serving or executing some writ or process in such suit.
BAILIVIA. In old law. A bailiffs jurisdiction, a bailwick; the some as bailium. Spelman. See Bailwick.
In old English law. A liberty, or exclusive 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
