gation, made roads, and established a market for the native trade. He studied and made vocalnilaries of nearly fifty native dialects, and translated into Haussa portions of the Bible and Prayer Bonk. He publislied List of Books and Mfiiniscriiits Relating to Orkney (1847); Historia ynturalis Orcadensis Zooloyy (1848), and Obscrratiuns on the Haussa and Fulfulde Lanijaayes (18(U).
BAIKTASHI, bik-ta'she. A mendicant order
of dervishes (q.v.), which had its origin in the
Fourteenth Century. It stood in close connec-
tion with the military order of the Janizaries,
and was abolished in 1826, shortly after the
destruction of that famous band.
BAIL (OF. bailler, to carry, give, deliver,
from Lat. hainlure, to carry a burden, from
liaiiilus, porter,' carrier) . The delivering up of
a person under arrest, or against whom personal
proceedings have been instituted, to accepted
sureties who give security for Iiis appearance at
the proper time before the court, or for his
carrying out the judgment of the court. The
form of this security is usually a bond executed
by the sureties, or a recognizance (q.v.) ac-
knowledged by them. The term bail is also
commonl.y given as well to the security given
and to the persons who give the security.
Bail may be asked either in a criminal or a
civil case, but in the latter only when the person
is proceeded against. With the modern changes
of the laws permitting the arrest of a debtor,
the applicability of bail in civil cases has very
greatly decreased. A person who has been bailed
is ]ilaced in the custody of the surety who gives
bail for liim. He may, therefore, be arrested
by the surety at any time and surrendered to
the court, and when this is done the responsibil-
ity of the surety at once ceases. The surety is
boimd to produce his principal at the specified
time unless prevented by the sickness, death, or
legal imprisonment of the principal. In obtain-
ing possession of the person of the principal, the
surety has the right to call upon the sheriff or
other law officers to assist him. An accused
person has a right to demand the privilege of
bail at any time l)etwecn the arrest and the final
judgment of the court. The responsibility of
the surety ceases upon the appearance in court
of the principal at the i)roper time. If he does
not so ai)i)ear, the bond given as security may
at once be declared forfeited by the court ;
whereupon execution may issue as for any judg-
ment, and collection may be made forthwith.
I'nder the common law, bail could not be de-
manded in cases of felony. By statute law in
Great Britain, and now universally in the United
States, however, bail can l)e demanded in all
cases except those of capital offenses. Consider-
able discretion is left to the magistrate as to
whether an offense may or may not be such as
projierly to admit of liail. Thus, where an as-
sault has lieen committed under such circum-
stances as to make it murder if the injured per-
son should die, and where there is reasonable
probability that death may ensue, a magistrate
in any of our States would refuse to accept bail.
Generally speaking, in the United States the
common law is closelv followed in the regulation
of bail. The English' Bill of Paghts (1 Will, and
M. 2, ch. 2), the Constitution of the United
States, and those of the several States pre-
scribe that excessive bail shall not be demanded.
What excessive bail may be is generally left to
the determination of the court, though the
criminal codes of many States specify a mini-
mmn siun for each class of offenses against the
law, a lower amount than which shall not be
accepted as security in such cases. A bail piece
was originally a certificate issued to the surety
attesting his act of offering bail; at present it
generally signifies a warrant issued to the surety
upon which he may arrest the person for whom
bail has been taken. The term straw bail is a
familiar designation of bail offered by persons
not possessing the requisite financial responsibil-
ity, but willing to swear that they do possess it.
The term is said to have originated in the fact
that in the English l)ankruptcy courts such ras-
cals were alwaj's in waiting in the outer halls,
and that it was their custom to carry straw
fastened on the shoe to signify the kind of ser-
vice they were willing to render. At the present
day, in civil cases, bail cannot be reciuired unless
there is some allegation of fraud involved, such
as that the defendant is suspected of the design
of putting property out of the reach of the
court, or where he is arrested in a debt proceed-
ing, and affidavit is made that he is about to
leave the State, or where a tort or personal in-
jury of a malicious kind is alleged. The old
distinction in civil cases between common bail
(or bail below) and special bail (bail above or
bail to the action) is, therefore, not now of such
consequence as formerly. Common bail, or bail
below, was in effect an undertaking that the
defendant would appear before the court at the
day and place named in the process ; special bail
was a more general undertaking, entered into
after such appearance had been nuule, that the
defendant should satisfy the judgment of the
court in damages, debt, or cost, or failing to
do so, should surrender his person to the court.
The statutes of the States and the practice of
the courts usually require persons giving bail
to be possessed of real estate or property not
easily removable from the jurisdiction of the
court. In admiralty bail is often required, in
actions in rem, to procure the discharge of the
property proceeded against. The bail is in the
form of a stipulation, by which the owner of
the seized property and his sureties undertake
to pay and perform the final decree in the case.
Consult the authorities referred to under Peac-
TICE.
BAILEN, bi-lan'. A town in the Province of
Jaen, Spain, 20 miles north of Jaen (Map: Spain,
D 3). It is celebrated as the place where, in
July, 1808, the Frencli general, Dujiont, capitu-
lated, surrendering 18,000 men to the Spaniards
under CastaBos— the first great disaster to the
French arms in the Peninsular War. Galena and
zinc blende are mined in the vicinity. Population, in 1897, 7595. Consult Galdds, Bailen," in Eptsudiosinacionales, Vol. II. (Madrid, 1882).
BAILEY, ba'li (OF. baile, Med. Lat. ballium = Lat. raUum, wall = a court). Originally the bailey was any outer line of defense; then, "more specifically, the wall of the outer court of a feudal castle, or any of its inner walls of defense. Hence it came to mean the whole space inclosed within these walls, except that covered by the keep. (See Ca.stle.) With the development of feudal architecture there were several distinct courts, with their buildings and embattled walls, and each was called a bailey. Thus,
