Page:The New International Encyclopædia 1st ed. v. 02.djvu/455

BAIKIE. gation, made roads, and established a market for the native trade. He studied and made vocalnilaries of nearly fifty native dialects, and translated into Haussa portions of the Bible and Prayer Bonk. He publislied List of Books and Mfiiniscriiits Relating to Orkney (1847); Historia ynturalis Orcadensis Zooloyy (1848), and Obscrratiuns on the Haussa and Fulfulde Lanijaayes (18(U).

BAIKTASHI, bik-ta'she. A mendicant order of dervishes (q.v.), which had its origin in the Fourteenth Century. It stood in close connec- tion with the military order of the Janizaries, and was abolished in 1826, shortly after the destruction of that famous band.

BAIL (OF. bailler, to carry, give, deliver, from Lat. hainlure, to carry a burden, from liaiiilus, porter,' carrier). The delivering up of a person under arrest, or against whom personal proceedings have been instituted, to accepted sureties who give security for Iiis appearance at the proper time before the court, or for his carrying out the judgment of the court. The form of this security is usually a bond executed by the sureties, or a recognizance (q.v.) ac- knowledged by them. The term bail is also commonl.y given as well to the security given and to the persons who give the security. Bail may be asked either in a criminal or a civil case, but in the latter only when the person is proceeded against. With the modern changes of the laws permitting the arrest of a debtor, the applicability of bail in civil cases has very greatly decreased. A person who has been bailed is ]ilaced in the custody of the surety who gives bail for liim. He may, therefore, be arrested by the surety at any time and surrendered to the court, and when this is done the responsibil- ity of the surety at once ceases. The surety is boimd to produce his principal at the specified time unless prevented by the sickness, death, or legal imprisonment of the principal. In obtain- ing possession of the person of the principal, the surety has the right to call upon the sheriff or other law officers to assist him. An accused person has a right to demand the privilege of bail at any time l)etwecn the arrest and the final judgment of the court. The responsibility of the surety ceases upon the appearance in court of the principal at the i)roper time. If he does not so ai)i)ear, the bond given as security may at once be declared forfeited by the court ; whereupon execution may issue as for any judg- ment, and collection may be made forthwith. I'nder the common law, bail could not be de- manded in cases of felony. By statute law in Great Britain, and now universally in the United States, however, bail can l)e demanded in all cases except those of capital offenses. Consider- able discretion is left to the magistrate as to whether an offense may or may not be such as projierly to admit of liail. Thus, where an as- sault has lieen committed under such circum- stances as to make it murder if the injured per- son should die, and where there is reasonable probability that death may ensue, a magistrate in any of our States would refuse to accept bail. Generally speaking, in the United States the common law is closelv followed in the regulation of bail. The English' Bill of Paghts (1 Will, and M. 2, ch. 2), the Constitution of the United States, and those of the several States pre- scribe that excessive bail shall not be demanded. What excessive bail may be is generally left to the determination of the court, though the criminal codes of many States specify a mini- mmn siun for each class of offenses against the law, a lower amount than which shall not be accepted as security in such cases. A bail piece was originally a certificate issued to the surety attesting his act of offering bail; at present it generally signifies a warrant issued to the surety upon which he may arrest the person for whom bail has been taken. The term straw bail is a familiar designation of bail offered by persons not possessing the requisite financial responsibil- ity, but willing to swear that they do possess it. The term is said to have originated in the fact that in the English l)ankruptcy courts such ras- cals were alwaj's in waiting in the outer halls, and that it was their custom to carry straw fastened on the shoe to signify the kind of ser- vice they were willing to render. At the present day, in civil cases, bail cannot be reciuired unless there is some allegation of fraud involved, such as that the defendant is suspected of the design of putting property out of the reach of the court, or where he is arrested in a debt proceed- ing, and affidavit is made that he is about to leave the State, or where a tort or personal in- jury of a malicious kind is alleged. The old distinction in civil cases between common bail (or bail below) and special bail (bail above or bail to the action) is, therefore, not now of such consequence as formerly. Common bail, or bail below, was in effect an undertaking that the defendant would appear before the court at the day and place named in the process ; special bail was a more general undertaking, entered into after such appearance had been nuule, that the defendant should satisfy the judgment of the court in damages, debt, or cost, or failing to do so, should surrender his person to the court. The statutes of the States and the practice of the courts usually require persons giving bail to be possessed of real estate or property not easily removable from the jurisdiction of the court. In admiralty bail is often required, in actions in rem, to procure the discharge of the property proceeded against. The bail is in the form of a stipulation, by which the owner of the seized property and his sureties undertake to pay and perform the final decree in the case. Consult the authorities referred to under Peac- TICE.

BAILEN, bi-lan'. A town in the Province of Jaen, Spain, 20 miles north of Jaen (Map: Spain, D 3). It is celebrated as the place where, in July, 1808, the Frencli general, Dujiont, capitu- lated, surrendering 18,000 men to the Spaniards under CastaBos— the first great disaster to the French arms in the Peninsular War. Galena and zinc blende are mined in the vicinity. Population, in 1897, 7595. Consult Galdds, ''Bailen," in Eptsudiosinacionales, Vol. II. (Madrid, 1882).

BAILEY, ba'li (OF. baile, Med. Lat. ballium = Lat. raUum, wall = a court). Originally the bailey was any outer line of defense; then, "more specifically, the wall of the outer court of a feudal castle, or any of its inner walls of defense. Hence it came to mean the whole space inclosed within these walls, except that covered by the keep. (See Ca.stle.) With the development of feudal architecture there were several distinct courts, with their buildings and embattled walls, and each was called a bailey. Thus,