Definition of BAIL PIECE


BAIL PIECE

A certificate given by a judge or the clerk of the
court, or
other person authorized to keep the record, in which it is certified that A
B, the bail, became bail, for C D, the defendant, in a certain sum, and in
a particular case. It was the practice formerly, to write these
certificates upon small pieces of parchment, in the following form: (See 3
Bl. Com. Appendix.)


In the Court of ______________, of the Term of ________, in the year of our
Lord, ____________, ________________City and County of ________________,
ss. Theunis Thew is delivered to bail upon the taking of his body, to
Jacobus
Vanzant, of the city of_________________, merchant, and to John Doe, of the
same city, yeoman. SMITH, JR. At the suit of Attorney for Deft. PHILIP
CARSWELL. Taken and acknowledged the ____ day of _______, A. D. _____,
before me. D. H.


2. As the bail is supposed to have the custody of the defendant, when he
is armed with this process, he may arrest the latter, though he is out of
the jurisdiction of the court in which he became bail, and even in a
different state. 1 Baldw. 578, 3 Com. 84, 421, 2 Yeates, 263 8 pick. 138, 7
John. 145, 3 Day, 485. The bail may take him even while attending court as
a suitor, or any time, even on Sunday. 4 Yeates, 123, 4 Conn. 170. He may
break even an outer door to seize him, and command the assistance of the
sheriff or other officers, 8 Pick. 138, and depute his power to others.. 1
John. Cas. 413, 8 Pick. 140. See 1 Serg. & R. 311.


Source: Bouviers Law Dictionary 1856 Edition

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