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Encyclopedia Britannica - Main :: AUD-BAI |
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BAIL ,' in English common law, the freeing or setting at liberty of one arrested or imprisoned upon any action, either civil or criminal, on surety taken for his appearance on a certain day and at a place named. The surety is termed bail, because the person arrested or imprisoned is placed in the custody of those who bind themselves or become bail for his due appearance when required. So he may be released by them if they suspect that he is about to escape and surrendered to the court, when they are discharged from further liability. The sureties must be sufficient in the opinion of the court, and, as a rule, only house
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magistrate power, where a person is charged with felony or certain misdemeanours, or where he is committed for trial for any indictable offence, to dispense with sureties, if in his opinion the so dispensing will not tend to defeat the ends of justice. A surety may he examined on oath as to his means, while the court may also require notice to be given to the plaintiff, prosecutor or police. A person who has been taken into custody for an offence without a warrant, and cannot be brought before a court of summary jurisdiction within twenty-four hours, may be admitted to bail by a superintendent or inspector of police; and in a borough, if a person is arrested for a petty misdemeanour, he may be bailed by the constable in charge of the police-station. Bail in civil matters, since the abolition of arrest on mesne process, is virtually extinct. It took the form of an instrument termed a' The ultimate origin of this and cognate words is the Lat. bajulus, properly a bearer of burdens or porter
governor or custodian, from which comes ' bailiff "; from bajulare is derived the French bailier, to take charge of, or to place in charge of, and " bail " thus means " custody," and is applied to the person who gives security for the appearance of the prisoner, the security given, or the release of the prisoner on such security.hail-bond, which was prepared in the sheriff's office after arrest, and executed by two sufficient sureties and the person arrested. In admiralty proceedings in rem, bail is often required for procuring the release of arrested ships or cargo. It is also given without the arrest of the ship, as a substitution o' personal security for that of the res, generally in an amount to cover the claim and costs. In the United States, bail (in a sum fixed by the committing magistrate ) is a matter of right in all cases where a sentence of death cannot be inflicted (Rev. Stat. 1015). In those where such a sentence can be inflicted, it may be allowed by one of the judges of the United States courts at his discretion (ibid. 1o16).BAIL$N, or BAYLEN, a town of southern Spain, in the province of Jaen; 21 M. by road N. of the city of Jaen. Pop. (1900) 7420. Bailen is probably the ancient Baecula, where the Romans, under P. Cornelius Scipio the elder, signally defeated the Carthaginians in 209 and 206 B.C. In its neighbourhood, also, in 1212, was fought the great battle of Las Navas de Tolosa, in which, according to the ancient chroniclers, the Castilians under Alphonso VIII, slew 200,000 Moors, and themselves only lost 25 men. Although this estimate is absurd, the victory of the Christians was complete. The capitulation of Bailen, signed at Andfjar by the French general Dupont, on the 23rd of July 18o8 after several days' hard fighting, involved the surrender of 17,000 men to the Spaniards, and was the first severe blow suffered by the French in the Peninsular War. End of Article: BAIL If you wish, you can link directly to this article.
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