practice, contracts. A specialty by which the defendant and
other persons, usually not less than two, though the sheriff may take only
one, become bound to the sheriff in a penalty equal to that for which bail
is demanded, conditioned for the due appearance of such defendant to the
legal process therein described, and by which the sheriff has been
commanded to arrest him. It is only where the defendant is arrested or in
the custody of the sheriff, under other than final process, that the
sheriff can take such bond. On this bond being tendered to him, which he is
compelled to take if the sureties are good, he must discharge the
defendant. Stat. 23 H. VI. c. 9.
2. With some exceptions, as for example, where the defendant surrenders,
5 T. R. 754, 7 T. R. 123, 1 East, 387, 1 Bos. & Pull. 326, nothing can be a
performance of the condition of the bail bond, but putting in bail to the
action. 5 Burr. 2683.
3. The plaintiff has a right to demand from the sheriff an assignment of
such bond, so that he may sue it for his own benefit. 4 Ann. c. 16, 20,
Wats. on Sheriff, 99, 1 Sell. Pr. 126, 174. For the general requisites of a
bail bond, see 1 T. R. 422, 2 T. R. 569 15 East. 320, 2 Wils. 69, 6 T. R.
702, 9 East, 55, . D. & R. 215, 4 M. & S. 338, 1 Moore, R. 514, 6 Moore, R.
264 East, 568, Hurls. on Bonds, 56, U. S. Dig. Bail V.
Source: Bouviers Law Dictionary 1856 Edition
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