Bail´ bond` Pronunciation: bāl´ bǒnd`
BAIL BOND, 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.
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, Sec.
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.
, criminal law