BAIL BON D. A specialty by which the defendant • and other persons become bound to the sheriff in a penal sum proportioned to the damages claimed in the action, and which is conditioned for the due appearance of suih defendant to answer to the legal process therein described, and by which the sheriff has been commanded to arrest him.
The defendant usually binds himself as principal with two sureties; but sometimes the bail alone bind themselves as principals, and sometimes also one surety is accepted by the sheriff. The bail bond may be said to stand in the place of the defendant so far as the sheriff is concerned, and, it properly taken, furnishes the sheriff a complete .answer to the requirement of the writ, directing him to take and produce the body of the defendant. A bail bond is given to the sheriff, and can be taken only where he has custody of the defendant on process other than final, and is thus distinguished from re cognizance, which see.
than final.
When a bail bond, with sufficient securities and properly prepared, is tendered to the sheriff, be must take it and discharge the defendant; Stat. 23 Hen. VI. c. 10, ˘ 5.
The requisites of a bail bond are that it should be under seal ; 1 Term 418; Walker v. Lewis, 3 N. C. 16 ; Peyton v. Moseley, 3 T. B. Monr. (Ky.) 80; Payne v. Britton's Ex'r., 6 Rand. (Va.) 101; should be to the sheriff by the name of the office; 1 Term 422; Loker v. Antonio, 4 McCord (S. C.) 175; Handley's Adm'r v. Ewings, 4 Bibb (Ky.)'505; Conant v. Sheldon, 4 Gray (Mass.) 300; conditioned in such manner that performance is possible; 3 Campb. 181; Fansbor v. Stout, 4 N. J. L. 319; for a proper amount ; Oxley v. Turner, 2 Va. Cas. 334 ; Ellis v. Robinson, 3 N. J. L. 707; for the defendant's appearance at the place and day named in the writ ; 1 Term 418; Holmes v. Chadbourne, 4 GreenL (Me.) 10; Robeson v. Thompson, 9 N. J. L 97; Carter v. Cockrill, 2 Munf. (Va.) 448; Blanding v. Rogers, 2 Brev. (S. C.) 394, 4
Am. Dec. 595 ; see BAIL ; and should describe the action in which the defendant 'is arrest ed with sufficient accuracy to distinguish it; Ralston v. Love, Hard. (Ky.) 501; Colburn v. Downes, 10 Mass. 20 ; Kelly v. Com., 9 Watts (Pa.) 43; but need not disclose the nature of the suit ; 6 Term 702. A bail bond which fails to specify the charge which the principal is to answer is void and the de fect cannot be remedied by testimony; ple v. Gillman, 58 Hun 368, 12 N. Y. Supp. 40. The sureties must be two or more in number to relieve the sheriff ; 2 Bingh. 227; Long v. Billings, 9 Mass. 482; Seymour v. Curtiss, 1 Wend. (N. Y.) 108; and he may insist upon three, or even more, subject to statutory provisions on the subject; 5 M. & S. 223; but the bond will be binding if only one be taken; Glezen v. Rood, 2 Mete. (Mass.) 490; Caines v. Hunt, 8 Jahns. (N. Y.) 358; Johnson's Assignee v. Williams, 2 Over. (Tenn.) 178; Lane v. Smith, 2 Pick. (Mass.) 284.
Putting in bean to the action ; 5 Burr. 2683; and waiver of his right to such bail by' the plaintiff ; Phillips v. Oliver, 5 S. & R. (Pa.) 419; Flack v. Eager, 4 Johns. (N. Y.) 185; Culpeper Agricultural & Mfg. Soc. v. Digges, 6 Rand. (Va.) 165, 18 Am.' Dec. 708; Hub bard v. Shaler, 2 Day (Conn.) 199; or a surrender Of the person of the defendant, constitute a performance or excuse from the performance of the condition of the bond ; 1 B. & P. 326 ; Stockton v. Throg morton, 1 Baldw. 148, Fed. Cas. No. 13, 463; Strang v. Barber, 1 Johns. Cas. (N. Y.) 329 ; Ellis v. Hay, id. 334 ; McClurg v. Bowers, 9 S. & R. (Pa.) 24; Coolidge v. Cary, 14 Mass. 115; Moyers v. Center, 3" Strobh. (S. C.) 439 ; Thorn v. Delany, 6 Ark. 219; see State v. Lingerfelt, 109 N. C. 775,