bail 音标拼音: [b'el]
n . 保释,把手,杓,桶箍,栅栏
vt . 保释,汲水,舀水
vi . 跳伞
保释,把手,杓,桶箍,栅栏保释,汲水,舀水跳伞
bail n 1 : (
criminal law )
money that must be forfeited by the bondsman if an accused person fails to appear in court for trial ;
"
the judge set bail at $
10 ,
000 "; "
a $
10 ,
000 bond was furnished by an alderman " [
synonym : {
bail }, {
bail bond },
{
bond }]
2 :
the legal system that allows an accused person to be temporarily released from custody (
usually on condition that a sum of money guarantees their appearance at trial ); "
he is out on bail "
v 1 :
release after a security has been paid 2 :
deliver something in trust to somebody for a special purpose and for a limited period 3 :
secure the release of (
someone )
by providing security 4 :
empty (
a vessel )
by bailing 5 :
remove (
water )
from a vessel with a container Bail \
Bail \ (
b [=
a ]
l ),
n . [
F .
baille a bucket ,
pail ;
cf .
LL .
bacula ,
dim .
of bacca a sort of vessel .
Cf . {
Bac }.]
A bucket or scoop used in bailing water out of a boat . [
Obs .]
[
1913 Webster ]
The bail of a canoe . . .
made of a human skull .
--
Capt .
Cook .
[
1913 Webster ]
Bail \
Bail \,
n . [
OE .
beyl ;
cf .
Dan .
b ["
o ]
ile a bending ,
ring ,
hoop ,
Sw .
b ["
o ]
gel ,
bygel ,
and Icel .
beyla hump ,
swelling ,
akin to E .
bow to bend .]
1 .
The arched handle of a kettle ,
pail ,
or similar vessel ,
usually movable . --
Forby .
[
1913 Webster ]
2 .
A half hoop for supporting the cover of a carrier '
s wagon ,
awning of a boat ,
etc .
[
1913 Webster ]
Bail \
Bail \,
n . [
OF .
bail ,
baille .
See {
Bailey }.]
1 . (
Usually pl .)
A line of palisades serving as an exterior defense . [
Written also {
bayle }.] [
Obs .]
[
1913 Webster ]
2 .
The outer wall of a feudal castle .
Hence :
The space inclosed by it ;
the outer court . --
Holinshed .
[
1913 Webster ]
3 .
A certain limit within a forest . [
Eng .]
[
1913 Webster ]
4 .
A division for the stalls of an open stable .
[
1913 Webster ]
5 . (
Cricket )
The top or cross piece (
or either of the two cross pieces )
of the wicket .
[
1913 Webster ]
Bail \
Bail \,
v .
t . [
imp . &
p .
p . {
Bailed } (
b [=
a ]
ld );
p .
pr . &
vb .
n . {
Bailing }.]
1 .
To lade ;
to dip and throw ; --
usually with out ;
as ,
to bail water out of a boat .
[
1913 Webster ]
Buckets . . .
to bail out the water . --
Capt .
J .
Smith .
[
1913 Webster ]
2 .
To dip or lade water from ; --
often with out to express completeness ;
as ,
to bail a boat .
[
1913 Webster ]
By the help of a small bucket and our hats we bailed her out . --
R .
H .
Dana ,
Jr .
[
1913 Webster ]
Bail \
Bail \,
n . [
OF .
bail guardian ,
administrator ,
fr .
L .
bajulus .
See {
Bail }
to deliver .]
1 .
Custody ;
keeping . [
Obs .]
[
1913 Webster ]
Silly Faunus now within their bail . --
Spenser .
[
1913 Webster ]
2 . (
Law )
(
a )
The person or persons who procure the release of a prisoner from the custody of the officer ,
or from imprisonment ,
by becoming surety for his appearance in court .
[
1913 Webster ]
The bail must be real ,
substantial bondsmen .
--
Blackstone .
[
1913 Webster ]
A .
and B .
were bail to the arrest in a suit at law . --
Kent .
[
1913 Webster ]
(
b )
The security given for the appearance of a prisoner in order to obtain his release from custody of the officer ;
as ,
the man is out on bail ;
to go bail for any one .
[
1913 Webster ]
Excessive bail ought not to be required .
--
Blackstone .
[
1913 Webster ]
Bail \
Bail \,
v .
t . [
OF .
bailler to give ,
to deliver ,
fr .
L .
bajulare to bear a burden ,
keep in custody ,
fr .
bajulus he who bears burdens .]
1 .
To deliver ;
to release . [
Obs .]
[
1913 Webster ]
Ne none there was to rescue her ,
ne none to bail .
--
Spenser .
[
1913 Webster ]
2 . (
Law )
(
a )
To set free ,
or deliver from arrest ,
or out of custody ,
on the undertaking of some other person or persons that he or they will be responsible for the appearance ,
at a certain day and place ,
of the person bailed .
[
1913 Webster ]
Note :
The word is applied to the magistrate or the surety .
The magistrate bails (
but admits to bail is commoner )
a man when he liberates him from arrest or imprisonment upon bond given with sureties .
The surety bails a person when he procures his release from arrest by giving bond for his appearance . --
Blackstone .
[
1913 Webster ]
(
b )
To deliver ,
as goods in trust ,
for some special object or purpose ,
upon a contract ,
expressed or implied ,
that the trust shall be faithfully executed on the part of the bailee ,
or person intrusted ;
as ,
to bail cloth to a tailor to be made into a garment ;
to bail goods to a carrier . --
Blackstone .
Kent .
[
1913 Webster ]
45 Moby Thesaurus words for "
bail ":
arraignment ,
bond ,
bucket ,
charge ,
cup ,
decant ,
dip ,
dish ,
dish out ,
dish up ,
earnest ,
earnest money ,
escrow ,
fork ,
gage ,
guaranty ,
handsel ,
hock ,
hostage ,
impeachment ,
indictment ,
information ,
lade ,
ladle ,
mainprise ,
pawn ,
pignus ,
pledge ,
pour ,
presentment ,
recognizance ,
replevin ,
replevy ,
scoop ,
security ,
shovel ,
spade ,
spoon ,
surety ,
token payment ,
true bill ,
undertaking ,
vadimonium ,
vadium ,
warranty BAIL ,
practice ,
contracts .
By bail is understood sureties ,
given according to law ,
to insure the appearance of a party in court .
The persons who become surety are called bail .
Sometimes the term is applied ,
with a want of exactness ,
to the security given by a defendant ,
in order to obtain a stay of execution ,
after judgment ,
in civil cases .,
Bail is either civil or criminal .
2 .-
1 .
Civil bail is that which is entered in civil cases ,
and is common or special bail below or bail above .
3 .
Common bail is a formal entry of fictitious sureties in the proper office of the court ,
which is called filing .
common bail to the action .
It is in the same form as special bail ,
but differs from it in this ,
that the sureties are merely fictitious ,
as John Doe and Richard Roe :
it has ,
consequently ,
none of ,
the incidents of special bail .
It is allowed to the defendant only when he has been discharged from arrest without bail ,
and it is necessary in such cases to perfect the appearance of the defendant .
Steph .
Pl .
56 ,
7 ;
Grah .
Pr .
155 ;
Highm .
on Bail 13 .
4 .
Special bail is an undertaking by one or more persons for another ,
before some officer or court properly authorized for that purpose ,
that he shall appear at a certain time and place ,
to answer a certain charge to be exhibited against him .
The essential qualification to enable a person to become bail ,
are that he must be ,
1 .
a freeholder or housekeeper ;
2 .
liable to the ordinary process of the court 3 .
capable of entering into a contract ;
and 4 .
able to pay the amount for which he becomes responsible .
1 .
He must be a freeholder or housekeeper . (
q .
v .)
2 Chit .
R .
96 ;
5 Taunt .
174 ;
Lofft ,
148 3 Petersd .
Ab .
104 .
2 .
He must be subject to the ordinary process of the court ;
and a person privileged from arrest ,
either permanently or temporarily ,
will not be taken .
4 Taunt .
249 ;
1 D . &
R .
127 ;
2 Marsh .
232 .
3 .
He must be competent to enter into a contract ;
a feme covert ,
an infant ,
or a person non compos mentis ,
cannot therefore become bail .
4 .
He must be able to pay the amount for which he becomes responsible .
But it is immaterial whether his property consists of real or personal estate ,
provided it be his own ,
in his own right ;
3 Peterd .
Ab .
196 ;
2 Chit .
Rep .
97 ;
11 Price ,
158 ;
and be liable to the ordinary process of the law ;
4 Burr .
2526 ;
though this rule is not invariably adhered to ,
for when part of the property consisted of a ship ,
shortly expected ,
bail was permitted to justify in respect of such property .
1 Chit .
R .
286 ,
n .
As to the persons who cannot be received because they are not responsible ,
see 1 Chit .
R .
9 ,
116 ;
2 Chit .
R .
77 ,
8 ;
Lofft ,
72 ,
184 ;
3 Petersd .
Ab .
112 ;
1 Chit .
R .
309 ,
n .
5 .
Bail below .
This is bail given to the sheriff in civil cases ,
when the defendant is arrested on bailable process ;
which is done by giving him a bail bond ;
it is so called to distinguish it from bail above . (
q .
v .)
The sheriff is bound to admit a man to bail ,
provided good and sufficient sureties be tendered ,
but not otherwise .
Stat .
23 H .
VI .
C .
9 ,
A .
D .
1444 ;
4 Anne ,
c .
16 ,
Sec .
20 ;
B .
N .
P .
224 ;
2 Term Rep .,
560 .
The sheriff ,
is not ,
however ,
bound -
to demand bail ,
and may ,
at his risk ,
permit the defendant to be at liberty ,
provided he will appear ,
that is ,
enter bail above ,
or surrender himself in proper time .
1 Sell .
Pr .
126 ,
et seq .
The undertaking of bail below is ,
that the defendant will appear or put in bail to the action on the return day of the writ .
6 .
Bail above ,
is putting in bail to the action ,
which is an appearance of the defendant .
Bail above are bound either to satisfy the plaintiff his debt and costs ,
or to surrender the defendant into custody ,
provided judgment should be against him and he should fail to do so .
Sell .
Pr .
137 .
7 .
It is a general rule that the defendant having been held to bail ,
in civil cases ,
cannot be held a second time for the same cause of action .
Tidd '
s Pr .
184 Grah .
Pr .
98 ;
Troub . &
Hal .
44 ;
1 Yeates ,
206 8 Ves .
Jur .
594 .
See Auter action Pendent ;
Lis pendens .
8 . -
2 .
Bail in criminal cases is defined to be a delivery or bailment of a person to sureties ,
upon their giving ,
together with himself ,
sufficient security for his appearance ,
he being supposed to be in their friendly custody ,
instead of going to prison .
9 .
The Constitution of the United States directs that "
excessive bail shall not be required ."
Amend .
art .
8 .
10 .
By the acts of congress of September ,
24 ,
1789 ,
s .
33 ,
and March 2 ,
1793 ,
s .
4 ,
authority is given to take bail for any crime or offence against the United States ,
except where the punishment is death ,
to any justice or judge of the United States ,
or to any chancellor ,
judge of the supreme or superior court ,
or first judge of any court of common pleas ,
or mayor of any city of any state ,
or to any justice of the peace or other magistrate of any state ,
where the offender may be found the recognizance @
tal ,-
en by any of the persons authorized ,
is to be returned to the court having cognizance of the offence .
11 .
When the punishment by the laws of the United States is death ,
bail can be taken only by the supreme or circuit court ,
or by a judge of the district court of the United States .
If the person committed by a justice of the supreme court ,
or by the judge of a district court ,
for an offence not punishable with death ,
shall ,
after commitment ,
offer bail ,
any judge of the supreme or superior court of law ,
of any state , (
there being no judge of the United States in the district to take such bail ,)
way admit such person to bail .
12 .
Justices of the peace have in general power to take bail of persons accused ;
and ,
when they have such authority they are required to take such bail There are many cases ,
however ,
under the laws of the several states ,
as well as under the laws of the United States ,,
as above mentioned ,
where justices of the peace cannot take bail ,
but must commit ;
and ,
if the accused offers bail ,
it must be taken by a judge or other ,,
officer lawfully authorized .
13 .
In Pennsylvania ,
for example ,
in cases of murder ,
or when the defendant is charged with the stealing of any horse ,
mare ,
or gelding ,
on the direct testimony of one witness ;
or shall be taken having possession of such horse ,
mare ,
or gelding ,
a justice of the peace cannot admit the party to bail .
1 Smith '
s L .
of Pa .
581 .
14 .
In all cases where the party is admitted to bail ,
the recognizance is to be returned to the court having @
jurisdict on of the offence charged .
Vide Act of God .
Arrest ;
Auter action pendent ;
Deat Lis pendens .
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