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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 See also:

ESCAPE (in mid. Eng. eschape or escape, from the O. Fr. eschapper, modern echapper, and escaper, low Lat. escapium, from ex, out of, and cappa, cape, cloak; cf. for the sense development the Gr. iichueoOat, literally to put off one's clothes, hence to sli

escape and surrendered to the See also:

court, when they are discharged from further liability. The sureties must be sufficient in the See also:

OPINION (Lat. opinio, from opinari, to think)

opinion of the court, and, as a See also:

RULE

rule, only See also:

house-holders are accepted; in criminal cases the See also:

SOLICITOR

solicitor or an See also:

ACCOMPLICE (from Fr. complice, conspirator, Lat. complex, a sharer, associate, complicare, to fold together; the ac- is possibly due to confusion with " accomplish," to complete, Lat. complere, to fill up)

accomplice of the person to be bailed, a married woman or an See also:

INFANT (in early forms enfaunt, enfant, through the Fr. enfant, from Lat. infans, in, not, and fans, the present participle of fari, to speak)

infant would not be accepted. Bail is obligatory in all See also:

SUMMARY

summary cases. It is also obligatory in all misdemeanours, except such as have been placed on the level of felonies, viz. obtaining or attempting to obtain See also:

PROPERTY

property on false pretences, receiving property so obtained or stolen, See also:

PERJURY (through the Anglo-Fr. perjurie, modern parjure, Lat. perjurium, a false oath, perjurare, to swear falsely)

perjury or subornation of perjury, concealment of See also:

BIRTH (a word common in various forms to Teutonic languages from the root of the verb " to bear ")

birth, wilful or indecent exposure of the person, See also:

RIOT (0. Fr. riote, of uncertain etymology)

riot, See also:

ASSAULT (from Lat. ad, to or on, and saltare, to leap)

assault in pursuance of a See also:

CONSPIRACY (from Lat. conspirare, literally to breathe together, to agree, combine, and especially to form a secret plot)

conspiracy to raise See also:

WAGES (the plural of " wage," from Late Lat. wadium, a pledge, O. Fr. wagier, gagier)

wages, assault upon a See also:

peace-officer in the See also:

EXECUTION (from Lat. ex-sequor, exsecutus, follow or carry out)

execution of his See also:

DUTY (from " due," that which is owing, O. Fr. deu, dil, past participle of devoir; Lat. debere, debitum; cf. " debt ")

duty or upon any one assisting him, neglect or See also:

BREACH (Mid. Eng. breche, derived from the common Teutonic root brec, which appears in " break," Ger. brechen, &c.)

breach of duty as a peace-officer, any See also:

PROSECUTION

prosecution of which the See also:

COSTS

costs are payable out of the See also:

COUNTY (through Norm. Fr. comae, cf. O. Fr. cunte, conk', Mod. Fr. comae, from Lat. comitatus, cf. Ital. comitato, Prov. comtat; see COUNT)

county or See also:

borough See also:

RATE

rate or fund. In cases of See also:

TREASON (Fr. trahison, Lat. traditio)

treason, bail can only be granted by a secretary of See also:

state or the See also:

king's See also:

BENCH (an O.E. and Eng. form of a word common to Teutonic languages, cf. Ger. Bank, Dan. baenk and the Eng. doublet " bank ")

bench See also:

DIVISION (from Lat. dividere, to break up into parts, separate)

division. A person charged with See also:

FELONY (0. Fr. felonie, from felon, a word meaning " wicked," common to Romanic languages, cf. Italian fella, fellone, the ultimate origin of which is obscure, but is possibly connected either with Lat. fel, gall, or fallere, to deceive. The English " fel

felony is not entitled as of right to be released on bail. The See also:

POWER [WILLIAM GRATTAN] TYRONE (1797-1841)

power of admitting a prisoner to bail is discretionary and not ministerial, and the See also:

CHIEF (from Fr. chef, head, Lat. caput)

chief See also:

CONSIDERATION (from Lat. considerare, to look at closely, examine, generally taken to be from con-, and the base seen in sidus, sideris, a star, the word being supposed to be originally an astrological or astronomical term)

consideration in the exercise of that discretion must be the likelihood of the prisoner failing to appear at the trial. This must be gauged from the nature of the See also:

EVIDENCE (Lat. evidentia, evideri, to appear clearly)

evidence in support of the See also:

ACCUSATION (Lat. accusatio, accusare, to challenge to a causa, a suit or trial at law)

accusation, the position of the accused and the severity of the See also:

PUNISHMENT (from Lat. punire, to punish, from poena, punishment, Gr. 7rocvil)

punishment which his conviction will See also:

ENTAIL (from Fr. tailler, to cut; the old derivation from tales haeredes is now abandoned)

entail, as well as the See also:

independence of the sureties. The Bail See also:

ACT (Lat. actus, actum)

Act 18g8 gives a See also:

MAGISTRATE (Lat. magistratus, from magister, master, properly a public office, hence the person holding such an office)

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 See also:

JUSTICE (Lat. justitia)

justice. A surety may he examined on See also:

OATH (0. Eng. ddh)

oath as to his means, while the court may also require See also:

NOTICE

notice to be given to the See also:

PLAINTIFF

plaintiff, prosecutor or See also:

POLICE (Fr. police, government, civil administration, a police force, Gr. sroXumeia, constitution, condition of a state, roars, city, state)

police.

A person who has been taken into custody for an offence without a See also:

WARRANT (Med. Lat. warantum; O. Fr. garant, warant, derived from O.H.G. root represented in modern German bygewdhren)

warrant, and cannot be brought before a court of summary See also:

jurisdiction within twenty-four See also:

HOURS, CANONICAL

hours, may be admitted to bail by a See also:

SUPERINTENDENT

superintendent or inspector of police; and in a borough, if a person is arrested for a See also:

PETTY, SIR WILLIAM (1623-1687)

petty See also:

MISDEMEANOUR (from O. Fr. mes- and demener, to conduct oneself ill)

misdemeanour, he may be bailed by the See also:

constable in See also:

charge of the police-station. Bail in civil matters, since the abolition of See also:

ARREST (Fr. arrester, arreeter, to stop or stay)

arrest on See also:

MESNE (an Anglo-French legal form of the O. Fr. meien, mod. moyen, mean, Med. Lat. medianus, in the middle, cf. " mean ")

mesne See also:

PROCESS

process, is virtually See also:

EXTINCT

extinct. It took the See also:

FORM (Lat. forma)

form of an See also:

INSTRUMENT (Lat. instrumentum, from insincere, to build up, furnish, arrange, prepare)

instrument termed a ' The ultimate origin of this and cognate words is the See also:

Lat. bajulus, properly a See also:

BEARER

bearer of burdens or See also:

porter, later a See also:

TUTOR (Lat. tutor, guardian, tueri, to watch over, protect)

tutor or See also:

GUARDIAN

guardian, and hence a See also:

GOVERNOR (from the Fr. gouverneur, from gouverner, O. Fr. governer, Lat. gubernare, to steer a ship, to direct, guide)

governor or custodian, from which comes ' See also:

BAILIFF

bailiff "; from bajulare is derived the See also:

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 See also:

SECURITY (Lat. securus, free from care, safe)

security for the appearance of the prisoner, the security given, or the See also:

RELEASE (O.Fr. reles, variant of relais, from relaisser, to release, let go, Lat. relaxare)

release of the prisoner on such security. See also:

HAIL (O. Eng. kcegl and hagol, 1 cf. the cognate Teutonic hagel, as in German, Dutch, Swedish, &c.; the Gr. K&XX17E, pebble, is probably allied)

hail-See also:

bond, which was prepared in the See also:

SHERIFF

sheriff's See also:

OFFICE (from Lat. officium, " duty," " service," a shortened form of opifacium, from facere, " to do," and either the stem of opes, " wealth," " aid," or opus, " work ")

office after arrest, and executed by two sufficient sureties and the person arrested. In See also:

ADMIRALTY, HIGH COURT OF

admiralty proceedings in rem, bail is often required for procuring the release of arrested See also:

SHIPS

ships or See also:

CARGO (Span. for " loading," from Lat. carries, car)

cargo. It is also given without the arrest of the See also:

SHIP

ship, as a substitution o' See also:

PERSONAL

personal security for that of the res, generally in an amount to See also:

COVER (from the Fr. convert, from couvrir, to cover, Lat. cooperire)

cover the claim and costs. In the See also:

UNITED

United States, bail (in a sum fixed by the committing magistrate) is a See also:

MATTER

matter of right in all cases where a See also:

SENTENCE (Lat. sententia, a way of thinking, opinion, judgment; vote, sentire, to feel, think)

sentence of See also:

DEATH

death cannot be inflicted (Rev. Stat. § 1015). In those where such a sentence can be inflicted, it may be allowed by one of the See also:

JUDGES, THE BOOK OF

judges of the United States courts at his discretion (ibid. § 1o16). BAIL$N, or BAYLEN, a See also:

TOWN

town of See also:

SOUTHERN

southern See also:

Spain, in the See also:

province of See also:

JAEN

Jaen; 21 M. by road N. of the See also:

CITY (through Fr. cite, from Lat. civitas)

city of Jaen.

Pop. (1900) 7420. Bailen is probably the See also:

ancient Baecula, where the See also:

Romans, under P. See also:

Cornelius Scipio the See also:

elder, signally defeated the Carthaginians in 209 and 206 B.C. In its neighbourhood, also, in 1212, was fought the See also:

GREAT

great See also:

BATTLE

battle of See also:

Las Navas de Tolosa, in which, according to the ancient chroniclers, the Castilians under See also:

ALPHONSO

Alphonso VIII, slew 200,000 See also:

Moors, and themselves only lost 25 men. Although this estimate is absurd, the victory of the Christians was See also:

COMPLETE

complete. The See also:

CAPITULATION (Lat. capitulum, a little head or division; capitulare, to treat upon terms)

capitulation of Bailen, signed at Andfjar by the French See also:

general See also:

DUPONT, PIERRE (1821-1870)

Dupont, on the 23rd of See also:

JULY

July 18o8 after several days' hard fighting, involved the surrender of 17,000 men to the Spaniards, and was the first severe See also:

BLOW, JOHN (1648-1708)

blow suffered by the French in the See also:

PENINSULAR

Peninsular See also:

War.

End of Article: BAIL

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