BAIL, in law, the setting at liberty one arrested or imprisoned, upon an action, either civil or criminal, upon sureties taken for his appearance, at a day and place assigned ; and is either common or special.
Common bail is in actions of small pre judice or slight proof, in which case any sureties are taken. But if the plaintiff make affidavit that the cause of action amounts to 101. or upwards, in order to hrrest the defendant, and make him put in substantial sureties for his appearance, called special bail, it is then required that the true cause of action be expressed in the body of the writ.
Special bail are two or more persons, who, after arrest, undertake generally, or enter into bend to the sheriff in a certain sum, to insure the defendant's appearance at the return of the writ : this obligation is called bail-bond.
In criminal cases, all persons, by the common law, might be bailed till they were convictedof the offence laid to their charge : the statutes have made many ex ceptions to this rule : when these do not intervene, bail may, upon offering suffi cient surety, be taken either in court or, in particular cases, by the sheriff, coro ner, or other magistrate, but usually by justices of peace, in the following cases ; persons of good fame, charged with the suspicion of man-slaughter or other infe rior homicide. Persons charged with
petit larceny, or any felony not before specified. Accessaries to felony, not be ing of evil fame, nor under strong pre sumption of guilt. Bail cannot be taken upon an accusation of treason, mur der, nor in the case of if the person be clearly the slayer ; nor does it extend to such as being committed for felony have broken prison, nor to persons outlawed, nor to those who have abjured the realm, nor approvers, nor persons taken in the fact of felony, nor persons charged with house-burning, nor persons taken by writ of areas/limn/eat° capiendo.