BAIL¹ BOND, practice, contracts. A specialty² by which the defendant³ and other persons, usually not less than two, though the sheriff may take only one, become bound to the sheriff in a penalty equal to that for which bail is demanded, conditioned for the due appearance of such defendant to the legal process therein described, and by which the sheriff has been commanded to arrest him. It is only where the defendant is arrested or in the custody⁴ of the sheriff, under other than final process, that the sheriff can take such bond. On this bond being tendered to him, which he is compelled to take if the sureties are good, he must discharge the defendant. Stat. 23 H. VI. c. 9.

2. With some exceptions, as for example, where the defendant surrenders; 5 T. R. 754; 7 T. R. 123; 1 East, 387; 1 Bos. & Pull. 326; nothing can be a performance of the condition of the bail bond, but putting in bail to the action. 5 Burr. 2683.

3. The plaintiff has a right to demand from the sheriff an assignment of such bond, so that he may sue it for his own benefit. 4 Ann. c. 16, §20; Wats. on Sheriff, 99; 1 Sell. Pr. 126, 174. For the general requisites⁵ of a bail bond, see 1 T. R. 422; 2 T. R. 569 15 East. 320; 2 Wils. 69; 6 T. R. 702; 9 East, 55; . D. & R. 215; 4 M. & S. 338; 1 Moore, R. 514; 6 Moore, R. 264 East, 568; Hurls⁶. on Bonds, 56; U. S. Dig. Bail V.

BAIL PIECE. A certificate given by a judge or the clerk of the court, or other person authorized⁷ to keep the record, in which it is certified⁸ that A B, the bail, became bail, for C D, the defendant, in a certain sum, and in a particular case. It was the practice formerly⁹, to write these certificates upon small pieces of parchment, in the following form: (See 3 Bl. Com. Appendix.)

In the Court of ______________, of the Term of ________, in the year of our Lord, ____________, ________________City and County of ________________, ss. Theunis Thew is delivered to bail upon the taking of his body, to Jacobus Vanzant, of the city of_________________, merchant, and to John Doe, of the same city, yeoman. SMITH, JR. At the suit of Attorney for Deft¹⁰. PHILIP CARSWELL. Taken and acknowledged the ____ day of _______, A. D. _____, before me. D. H.

2. As the bail is supposed to have the custody of the defendant, when he is armed with this process, he may arrest the latter, though he is out of the jurisdiction¹¹ of the court in which he became bail, and even in a different state. 1 Baldw. 578; 3 Com. 84, 421; 2 Yeates, 263 8 pick. 138; 7 John. 145; 3 Day, 485. The bail may take him even while attending court as a suitor, or any time, even on Sunday. 4 Yeates, 123; 4 Conn. 170. He may break even an outer door to seize him; and command the assistance of the sheriff or other officers; 8 Pick. 138; and depute his power to others.. 1 John. Cas. 413; 8 Pick. 140. See 1 Serg. & R. 311.

BAILABLE¹² ACTION. One in which the defendant is entitled to be discharged from arrest, only upon giving bail to answer.

BAILABLE PROCESS. Is that process by which an officer is required to arrest a person, and afterwards to take bail for his appearance. A capias ad respondendum is bailable, but a capias ad satisfaciendum is not.

BAILEE, contracts. One to whom goods are bailed¹³.

2. His duties are to act in good faith he is bound to use extraordinary diligence in those contracts or bailments, where he alone receives the benefit, as in loans; he must observe ordinary diligence of those bailments, which are beneficial to both parties, as hiring; and he will be responsible for gross negligence¹⁵ in those bailments which are only for the benefit of the bailor, is deposit and mandate¹⁶. Story's Bailm. §17, 18, 19. He is bound to return the property as soon as the purpose for which it was bailed shall have been accomplished¹⁷.

3. He has generally a right to retain and use the thing bailed, according to the contract, until the object of the bailment¹⁴ shall have been accomplished.

4. A bailee with a mere¹⁸ naked authority, having a right to remuneration for his trouble, but coupled with no other interest, may support trespass¹⁹ for any injury, amounting to a trespass, done while he was in the actual possession of the thing. 4 Bouv. Inst. n. 3608.