BAIL, in law, is the delivery of a person to another for keeping, and is generally used in reference to one arrested, or committed to prison, upon a criminal process, such person being said to be bailed when he is delivered to another (or is supposed to be so, but is simply set free from custody), who becomes his surety (to a greater or less amount according to the crime with which he is charged) for his ap pearance at court to talce his trial. The per. son who thus becomes surety is said to become bail and the amount itself is also called bail. Ball may generally be granted except in the case of treason. The word is not used as a plural. When the punishment by the law of the United States is death, bail can be taken only by the Supreme Court, or by a judge of a District Court of the United States. The pro ceedings attendant on giving bail are substan tially the same in England and in all States of the United States. An application is made to the proper officer, and the bond or the names of the bail proposed filed in the proper office and notice is given to the opposite party, who must e]ccept within a limited time, or the bail justify and are approved. If exception is talcen, notice is given, a hearing talces place, the bail must justify, and will then be approved unless the other party oppose successfully; in which case other bail must be added or substituted. A formal application is in many cases dispensed with, but a notification is given at the time of filing to the opposite party, and unless excep tions are made and notice given within a limited time, the bail justify and are approved. A bail
piece at present generally signifies a warrant issued to the surety upon which he may arrest the person for whom bail has been taken. Straw bail signifies bail offered by persons not possessing the necessary qualifications, but are willing to swear that they do possess them. The statutes of the States usually require persons giving bail to be possessed of real estate or property not easily removable from the juris.
diction of the court. Consult Beach, 'Treatise on the Modern Practice in Equity' (Cincinnati 1894) ; Daniell, E. R., 'Pleading and Practice of the High Court of Chancery' (6th Amer. ed., 3 vols., Boston 1894) ; Stringer, F. A., 'A B C Guide to the Practice of the Supreme Court' (London 1903) ; Tidd, 'Practice of the Court of King's Bench' (4th Amer. ed., Phila delphia 1856).
BAILItN, bi-lan', Spain, town of the prov ince of Jaen, 20 miles north of Jaen. Galena and zinc blende are mined in the neighborhood. Here in July 1808 the French general, Dupont, surrendered 18,000 men to the Spaniards under Castafios. Pop. (1910) 8,334. Consult Galdo's in 'Episodios (Vol. II, Madrid 1882).