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bail 音標拼音: [b'el] n. 保釋,把手,杓,桶箍,柵欄
vt. 保釋,汲水,舀水
vi. 跳傘 保釋,把手,杓,桶箍,柵欄保釋,汲水,舀水跳傘 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 containerBail \ 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, warrantyBAIL, 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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