Bail

Bail, the security given by one who is arrested for his appearance to answer the charge - derived from bailler, to hand over, because the accused is delivered into the hands of those who make themselves responsible for him; and who may, if they suspect him of an intended flight, have him imprisoned. Formerly any plaintiff might, on making an affidavit as to the cause of action, call upon the defendant to find bail for his appearance; but this hardship has been generally abolished, and the necessity for bail only retained in a few civil cases, of which the most important are that under the Debtors' Act of 1869, of a defendant intending to leave England; in cases where a defendant is arrested on writ of attachment; on arrest in the Chancery Division, where a defendant is intending to leave England. In Admiralty actions the defendant may have the ship or other property which has been arrested, released on his procuring bail for its value; the instrument executed for this purpose is known as the "Bail Bond." The most familiar cases of bail are those in criminal proceedings. In cases of misdemeanor the justices must, and in cases of felony other than treason they may, admit to bail. In the excepted case bail may be accepted by order of the Secretary of State, by the Court of Queen's Bench, or by any judge in time of vacation. Bail in error is bail given by a defendant or prisoner during the pendency of a writ of error. In Foreign Attachment giving bail is one of the ways by which the attachment may be dissolved.

Recognisances are said to be estreated when the accused fails to comply with their condition, as by non-appearance or otherwise.

In the United States the practice is very similar to the above. In Scotland there are certain fixed amounts of bail for different degrees of persons under several statutes, the principal one being the 39 Geo. III. c. 49 (1799).