Bailey.

is taken in law-books between what is called common B., or B. to render to prison, and special B., or B. to the action; but for general information, the following statement of the law may suffice.

In civil process, the sureties give their bail-bond to the sheriff himself for the appearance of the defendant, according to the exigency of the case, and for nothing else. It does not appear that any particular or limited number of sureties is to be taken; but it would seem that the sheriff may insist on more than two, provided they have only sufficient property within the county to answer the penalty; but if more than two be tendered, it is not necessary that each should be worth the full amount. On the other hand, the bail-bond will be good though there be only one surety; but in accepting such security it would seem that the sheriff does so at his own risk. If there is reasonable ground for believing the sureties to be sufficient, the sheriff has no discretion, but is bound to accept the B.; and if he refuses to do so, he is liable to an action.

The necessity of B., however, may be avoided by the defendant availing himself of the provisions of statutes which are re-enactments of older laws, by which it is enacted that the arrested or imprisoned party may obtain his immediate discharge by depositing with the sheriff the sum demanded by the plaintiff, together with £10 towards the cost, the same to remain in court to abide the event of the suit. The enactment, however, contains a proviso that it shall be lawful for a defendant who has made such deposit in payment, at any time in the progress of the cause, before issue joined, or final or interlocutory judgment, to receive out of court the sum so deposited and paid, upon putting in and perfecting special B., and paying such costs as the court shall direct; and, by another enactment of the same statute, provision is made for the case where a defendant who has put in B., afterwards elects to deposit the plaintiff's demand, and to pay the costs to abide the event of the action.

As to those who may or may not be B., it would appear, from the nature of the security undertaken, that persons privileged from arrest cannot be B., because the engagement on the part of the B. being, in default of the principal party, to pay the debt or damages and costs, the plaintiff is entitled to require the security of persons who are amenable to the ordinary process of the courts. Therefore, peers, members of parlia liament, ambassadors, and other privileged persons, cannot become B.; nor, generally, can attorneys or those employed in executing the process. But persons who are not in such a position, but who are either housekeepers or freeholders, may be taken as B. The possession of leasehold property is not enough, unless the party is also a housekeeper; but the real owner of a freehold estate, however small it may be, situated within the jurisdiction of the court, and provided he can otherwise make up the amount required, is qualified, though he be only a lodger, or merely an occupant by sufferance in the house of another. Again, to constitute a "housekeeper," within the meaning of the rule, the house must be within the jurisdiction of the court, and such a party must be the bona-fide tenant of the house in his own right, enjoying its benefits and bearing its burdens. A person, therefore, in lodgings in England, but with a house in Scotland, is not admissible as B.; and such B. must strictly in this sense be a housekeeper. B. has ceased to be usual since imprisonment for debt was abolished.

Besides these arrangements of the common law with regard to B., we may mention two other forms of it--namely, B. in error, and B. in attachment. The former is regulated by the common law procedure act (1852), 15 and 16 Vict., c. 76, by section 151 of which it is provided that proceedings in error shall not stay or delay execution on a judgment, unless the person alleging or pleading such error shall be bound, along with two sufficient sureties, in double the sum recovered by the judgment, in order to prosecute the proceedings in error with effect, and make payment of the costs, in the event of the judgment being affirmed, or the proceedings in error being discontinued. B. in attachment, again, signifies the sureties required for a party arrested upon a writ of attachment, and brought up before a judge in order to obtain his discharge from custody, the sureties undertaking that he shall appear and answer such interrogatories as may be required of him. This, however, only applies to attachment in the case of contempt of court; for it would appear that an attachment for the non-payment of money, or the non-performance of an award, is not bailable. In the court of chancery, also, there are rules for accepting B.; as, for instance, for a defendant against whom attachment has issued for his contempt in not making appearance to the plaintiff's suit; but an attachment for non-performance of a decree in chancery is not a bailable process.

In criminal procedure, the subject of B. is at present regulated by the 11 and 12 Vict. c. 42, which provides that if the justice or justices, before whom a prisoner is brought, shall be of opinion that the evidence against the prisoner be sufficient, or even if it raise a strong or probable presumption of his guilt, they shall either commit him to prison, or admit him to B.—that is, allow him to be discharged on entering into a recognizancewith some sufficient surety or sureties--to appear and surrender himself to custody, to take his trial on such indictment as may be found against him, in respect of the charge in question, at the next assizes or sessions of the peace. The crime of treason, however, is not a bailable offense, except by order of a secretary of state, or by the court of queen's bench, or by a judge thereof in vacation. But justices are bound to admit to B. in all cases of misdemeanor, excepting in the case of a misdemeanor in receiving property stolen or obtained by false pretenses, etc., or the case of any misdemeanor for the

Bailey.

prosecution of which the costs may be allowed out of the county rate, as to all which misdemeanors, as well as in all felonies-treason excepted-justices and magistrates have a discretionary power either to admit to B. or to commit to prison. The court of queen's bench exercises a paramount jurisdiction, and can bail in all cases whatsoever; but it is not usual for that court or for justices or magistrates to admit to B. in any case of felony, except under circumstances of a special and favorable kind.

In Scotland, the term B., as we have mentioned, is only used in the proceedings in the criminal courts; and there the general distinction is taken between offenses that are capital and not capital, the former not being bailable except by order of the high court of justiciary, who exercise a power in this respect analogous to the jurisdiction of the court of queen's bench; offenses that are not capital being bailable by magistrates, sheriffs, or other competent judges. In the civil process of the Scotch courts, the term corresponding to B. is CAUTION (q.v.).

BAIL (ante) in the United States is substantially the same as in England. One who becomes surety for another is his B. "B. above" are sureties who agree either to satisfy the plaintiff as to his claims and costs, or in case of judgment against a defendant, to deliver him up. "B. below" are sureties for the defendant's appearance, or that he will give bail. "Civil B." is taken in civil actions; "common B. amounts to entering an appearance when fictitious sureties are named; "special B." applies to cases in which there are responsible sureties. B. may be given in all cases of arrest in civil action. It is a general rule that a person held to B. in a civil case cannot be held a second time for the same cause of action, unless in another state. In criminal cases, except capital crimes, the defendant may generally be admitted to B., and even in the higher crimes B. may be accepted in the discretion of the court, or in the absence of legal provision to the contrary. In any case of offense against the nation, not punishable with death, any United States judge or state judicial officer may take B.; but if the punishment be death, only a United States judge can decide upon B. The form of entering B. is the same in the several states as in England. Mitigation of excessive B. is usually obtained by application to the court; and the exaction of such B. is forbidden by the federal constitution. The power of sureties over the person bailed is wide. They are technically his jailers, and may arrest him anywhere, or at any time, even on Sunday, or in the attendance at court; they may command assistance, and may depute their power to another. Refusing or delaying B. is an offense against personal liberty, but is not actionable unless malice can be shown. Sureties must in most cases be citizens and freeholders, or possessed of means that will satisfy the court.

BAIL COURT is the name given to a new and supplementary tribunal at Westminster, called into existence by the 11 Geo. IV. and 1 Will. IV. c. 70, by which, after providing for the appointment of an additional puisne judge in each of the three courts of common law, it is made lawful for any one of the judges of either of these courts, when occasion shall so require, where the other judges of the same court are sitting in banc (see BANC), to sit apart from them for the business of adding and justifying special bail, discharging insolvent debtors, administering oaths, receiving declarations required by statute, hearing and deciding upon matters in motion, and making rules and orders in causes and business depending in the court to which such judge shall belong, in the same manner and with the same force and validity as may be done by the court sitting in banc.

This statute has been hitherto acted on only by the court of queen's bench, wherein one of the judges sits from time to time in the B. C. for the purposes above specified. It may be remarked that a rule of the B. C. cannot be re-opened in the full court after the term in which it is made, even though the judge who pronounced it sanctions the application; and a judge sitting apart, under the authority of the statute, has equal authority with the full court to reverse the decision of a judge sitting at chambers. See Lush's Practice by Stephen.

BAILEE'. See BAILMENT.

BAILEN, a t. in Spain, 24 m. n.n.w. of Jaen; pop. 7831; probably in or near the site of ancient Bæcula, where Scipio defeated Hasdrubal in 269, and Masinissa in 206 B.C. Near B. was fought the great battle of Navas de Toloso, in 1212, when the Spaniards broke the power of the Moors, who are said to have left the incredible number of 200,000 of their dead on the field, with a loss of only 95 Christians. Here, July 23, 1808, the French gen. Dupont capitulated, surrendering 17,000 men to the Spaniards -the first great disaster to the French arms in the peninsular war. There is a ruined castle here, formerly belonging to the counts of Benavente, but now to the Osuna family.

BAILEY, derived through the French baille, from the middle-age Latin BALLIUM, which is a corruption of the Lat. vallum, a rampart. The B. was the whole space inclosed within the external walls of a castle, with the exception of that covered by the keep. This space was variously disposed of, and, of course, differed greatly in extent. Sometimes it consisted of several courts, which were divided from each other by embattled walls, so as to form a series of fortifications. When these courts were two in number, they were known as the outer and inner bailey. The entrance to the B. was

generally by a draw-bridge over the ditch, and through a strong machicolated and embattled gate. The B. was often of great extent, containing the barracks for the soldiers, lodgings for workmen and artificers, magazines, wells, chapels, and sometimes even a monastery. In towns, the B. had even a wider signification, and was often retained after the castle or keep had long disappeared, as in the case of the Old B. in London, and the B. in Oxford.

BAILEY, co. Tex. See page 880.

BAILEY, GAMALIEL, 1807-59; b. N. J.; studied medicine in Philadelphia, and graduated in 1828; visited China as ship's physician; was editor of the Methodist Protestant in Baltimore; with James G. Birney started, in 1836, the Cincinnati Philan thropist, an abolition journal. His press was destroyed by a mob, but he continued the paper until 1844. In 1847, he began in Washington the National Era, which was mobbed in the next year, but not suppressed. Wanting a story for his paper, Dr. B. inclosed 100 dollars to Harriet Beecher Stowe, asking her to send him something. She sent one of the chapters of Uncle Tom's Cabin, without the remotest idea of the stupendous fame it was to achieve. Dr. B. died at sea while on the way to Europe for the benefit of his health.

BAILEY, JACOB WHITMAN, 1811-57; b. Mass.; a naturalist, graduate of West Point academy, and lieut. of artillery; professor of botany, mineralogy, and chemistry in the academy in 1839, winning much distinction for microscopical researches, and publishing a volume of illustrations. He made a collection of 3000 objects, marked and catalogued; and of alge he gathered 4500 specimens. These, with his books, went to the Boston society of natural history. He was president of the American association for the advancement of science in 1857, in which year he died. His health, never very strong, was broken by exposure while rescuing his wife and daughter from the steamboat Henry Clay, burned on the Hudson river five years before.

BAILEY, PHILIP JAMES, a distinguished British poet, was b. at Basford, in the co. of Nottingham, in the year 1816. His early education was conducted in his native town, and afterwards he became a student at the university of Glasgow. He was called to the English bar in 1840, but never practiced. The first edition of Festus, the poem by which he is best known, was published in 1839, and has in subsequent_editions received a large amount of new matter. It attracted considerable notice in England, and was in America assailed by a perfect tornado of applause. While the enthusiasm lasted, Mr. B. was in certain quarters mentioned in the same breath with Shakespeare, Milton, and Goethe. This injudicious admiration was, however, certain to cool down, and to prove more prejudicial to the real interests of the author than unmerited censure itself; consequently, in literary journals, Festus is frequently mentioned with a contempt which it is far from deserving. It is a wonderful work, when the age of the author at the period of its production is taken into account. It was commenced before the author had reached his 20th year, and completed in three years. Festus errs from excess of boldness. Mr. B. speaks of universes as other poets speak of buttercups. He has the entrée to the highest heaven and to the regions of penal fire. He is on terms of perfect familiarity with eternity. He lays his scenes in the "center," "elsewhere," "everywhere," "nowhere." Despite its extravagance, Festus is full of poetical thought and felicitous expression, and has occasional dashes of grim humor in it, not unworthy of Goethe's mocking fiend himself. The faults of the poem are as great as the beauties; there is no congruity or proportion in it, and you lay it down with a sense of admiration qualified with disgust. In 1850, Mr. B. published the Angel World, which possesses all the faults and all the beauties of the former work on a reduced scale. If the reader's admiration is less, his disgust is less. The Angel World is now incorporated with the larger work. Mr. B.'s subsequent writings have been the Mystic, the Age, a colloquial satire, and the Universal Hymn (1867). The first production is in the writer's early style, with all the beauties deleted. But whatever measure of success may attend Mr. B. in "elsewhere," and "nowhere," complete failure awaits him when he deals with mankind and the ordinary affairs of earth.

BAILEY, SAMUEL, a writer on politics, political economy, mental philosophy, and 1 other subjects, was b. in 1791 in Sheffield, where afterwards he became a banker. He d. Jan. 18, 1870, leaving £90,000 as a bequest to the town. His works are: Essays on the Pursuit of Truth and on the Progress of Knowledge (1821); Questions for Discussion in Politics, Political Economy, and other Departments of Knowledge (1823); A Critical Dissertation on the Nature, Measures, and Causes of Value (1825); A Letter to a Political Economist, occasioned by an Article in the Westminster Review on the Subject of Value (1826); Essays on the Formation and Publication of Opinions (1829)—a sequel to his work on the Pursuit of Truth; A Discussion of Parliamentary Reform (1831); The Rationale of Political Rep resentation (1835); The Right of Primogeniture Examined (1837); Money and its Vicissitudes in Value (1837); A Defense of Joint-stock Banks and Country Issues (1840); A Review of Berkeley's Theory of Vision (1842); A Letter to a Philosopher in Reply to some Recent Attempts to Vindicate Berkeley's Theory of Vision (1843); The Theory of Reasoning (1851); Discourses on Various Subjects, Literary and Philosophical (1852); Letters on the Philosophy of the Human Mind (three series, 1855, 1858, 1863): On the Received Text of Shakespeare's Dramatic Writings, and its Improvement (2 vols., 1862, 1866).

Mr. B.'s works on the Pursuit of Truth and the Publication of Opinions gave a great impetus to liberal and advanced views. His writings generally are distinguished by independent thinking, logical precision, a careful English style, and warm aspirations for the improvement of mankind. His treatises on the mind, while abounding in original suggestions, expand and enforce the views of the school of Locke in metaphysics, and what is termed the doctrine of utility in morals.

BAILEY, JAMES E. See page 880.

BAILEY, THEODORUS, b. N. Y., 1805; a naval officer; midshipman in 1818; lieutenant in 1827; commander in 1849; captain in 1855; commodore in 1862; rear-admiral in 1866. He was in the service in the Pacific during the war with Mexico. In the civil war he was in command of the frigate Colorado, and led the right column of Farragut's fleet in the opening of the Mississippi and the capture of New Orleans. In 1867, he was placed on the retired list. He d. 1877.

BAILEY, or BAILY, NATHANIEL, or NATHAN, d. 1742; an English lexicographer, whose dictionary, published about 1721, was far superior to any then extant, and which formed the basis of Johnson's great work. He was a school teacher at Stepney, and author of several educational works.

BAI LIE, a Scotch term, with several legal applications. It chiefly, however, and popularly, signifies a superior officer or magistrate of a municipal corporation in Scotland, with judicial authority within the city or burgh. In royal burghs, the office is in some respects analogous to that of alderman in England. The chief magistrate of a Scotch corporation, called the provost (q.v.) and often one or more of the bailies, are, in virtue of their office, in the commission of the peace; and by the 6 Geo. IV., c. 22, bailies are exempted from serving on juries. There are also bailies of regality and barony, who are appointed by the superior or over-lord of the manor (q.v.), with limited powers fixed by the 20 Geo. II., c. 43. There is a B. for the sanctuary or abbey of Holyrood, appointed by the Duke of Hamilton as hereditary keeper, and having jurisdiction within the precincts. See ABBEY, SANCTUARY. The word B. was also formerly a term in the practice of Scotch conveyancing, and signified an officer who represented the seller, and who, as such, gave seisin or sasine (q.v.), or delivery of the lands sold to the buyer or his attorney; but by the changes and simplifications effected by recent legislation, the office of B. in this sense may be said to be virtually abolished; indeed, by the 21 and 22 Vict., c. 76, s. 1, called The Titles to Land Act, seisin itself, as a separate and independent documentary title, is declared to be unnecessary, and registration of the conveyance of the estate held to be sufficient.

BAILIFF in English, BAILIE in Scotch, BAILLI in French, and BALIO in Italian, are terms having a common origin-namely, the middle Latin ballivus, which is again connected with the older form, bagalus, or bajulus. Through all the changes of application they have undergone in the course of history, they have continued to agree in denoting an overseer of some kind-an officer exercising superintendence on behalf of some supe rior authority. At the Greek imperial court in Constantinople, the chief tutor of the imperial children was called bajulos. The same title seems also to have been given in Constantinople to the superintendent of the foreign merchants, who was appointed by the Venetians, and it may possibly be for this reason that the title balio came at length to be applied also to the Venetian ambassadors themselves. The title ballivus was introduced by the knights of St. John into the s. and w. of Europe, as the eight members of their chapter were called ballivi conventuales, whence also the name ballei, given to the circles into which the possessions of the order were divided. In France, the royal baillis were at one time commanders of the troops, administrators of the royal domains, and judges each in his district. In later times, the royal baillis were deprived of the two latter offices, and were consequently then called baillis d'epée only. Proprietors of estates, also, possessing supreme jurisdiction, appointed baillis to superintend these courts of justice. As very little knowledge was required for these situations, and as they might be purchased, they were held in little estimation; and in later times, the baillis became standing characters on the stage, held up to ridicule on account of their ignorance and their absurd pretensions, as well as for cheating and injustice. In England, the name B. was introduced in the reign of William I., to designate the superintendents of counties, which were called ballivæ.

BAILIFF, in English law, is a legal officer, and may be described as the keeper, protector, or superintendent of some duty or charge legally imposed on him. As officers of the law, bailiffs put in force arresting process, and they perform other duties within the co. or bailiwick required of them by the sheriff, who is their immediate official superior. In this sense bailiffs are either bailiffs of hundreds, or bound bailiffs. The duty of the former is to collect fines, summon juries, attend the judges and justices at the assizes and quarter sessions, and execute writs and process s in the several hundreds. Bound bailiffs, again, are officers usually joined by the sheriffs with the bailiffs of hundreds, and employed on account of their adroitness and dexterity. They are called bound bailiffs, because the sheriff, being civilly responsible for their official misdemeanors, they are annually bound in an obligation, with sureties, for the due execution of their office. There are also special bailiffs, who are officers appointed by the sheriff on the application of the party suing out the process to be executed; and whenever a party thus chooses

his own officers, he is considered to discharge the sheriff from all responsibility for what is done by him. There is, besides, another exceptional class of bailiffs, called bailiffs of liberties, honors, manors, and other lordships and franchises, whose appointments, duties, and responsibilities are regulated by the 7 Vict. c. 19. The co. courts likewise have bailiffs for the execution of their process, as to whom see 9 and 10 Vict. c. 95, 12 and 13 Vict. c. 101, 13 and 14 Vict. c. 61, and 19 and 20 Vict. c. 108.

The sheriff himself is the Queen's B., and, as such, it is his business to preserve the rights of the crown within his bailiwick. He must seize to the sovereign's use all lands devolved to the crown by attainder or escheat; must levy all fines and forfeitures; and must seize and keep all waifs (q.v.), wrecks, estrays, and the like, unless they be granted to some subject.

BAILIFF, HIGH. See HIGH BAILIFF.

BAILIWICK legally means the co. or district within which the sheriff's bailiffs may execute their office. Blackstone says that this word was introduced by the princes of the Norman line in imitation of the French, whose territory was divided into bailiwicks, as that of England into counties.

BAILLET, ADRIEN, 1649-1706; a French writer and critic. His parents were poor, but he found a friend in the bishop of Beauvais, who educated and advanced him to the priesthood. In 1680, he was librarian to the advocate general of the parliament of Paris, of whose library he made a remarkable catalogue in 35 folio volumes, all written with his own hand. He was an incessant worker, scarcely sparing time for needful rest. He wrote a History of Holland from 1609 to 1690 (a continuation of Grotius), in 4 vols.; Lives of the Saints, Life of Descartes, etc.; but his most valuable production is The Judg ment of the Learned on the Principal Works of Authors, in 9 vols."

BAILLEUL, a t. of France, department of the Nord, with manufactures of woolens, cottons, lace, hats, beet-root sugar, etc.—the cheese of its neighborhood being also celebrated. Pop. in 1881, 12,712.

BAILLIE, JOANNA, a modern poetess of distinguished merit, was b. in 1762 at Both well, in Lanarkshire, Scotland. Her father was a Presbyterian clergyman. She received a superior education, and soon began to manifest those talents which subsequently excited the admiration of the public. Her career was a singularly happy one, but devoid of all striking incident. At an early period, she went to reside in London, where her brother, Matthew Baillie, had established himself as a physician. Here she remained till her death, which occurred on the 23d of Feb., 1851, when she had attained the venerable age of 89. No authoress ever enjoyed a larger share of the esteem and affection of her literary contemporaries. All vied in showing her a courteous respect, and even America sent its votaries to her little shrine at Hampstead. Her greatest achievement is undoubtedly the Plays on the Passions, which, though erroneous in conception, are full of noble and impressive poetry, and often characterized by intense dramatic power. The principle upon which Miss B. proceeded in the construction of these works, was to take a single passion as the subject of a play, and to exhibit its influence on an individual supposed to be actuated by nothing else. In point of fact, such persons do not exist in society; men are swayed by a variety of conflicting emotions; and even when any one of these becomes dominant, it does not wholly destroy the rest, otherwise the victim of a ruling passion would lapse into a monomaniac. The leading personages of Miss B.'s plays are, therefore, rather impersonations of certain elements of human nature, than genuine human beings. They are vivid poetical studies in psychology; not mirrors held up to nature, like the brilliant and variegated creations of Shakspeare. Still, there are scenes, in her tragedies especially, where the interest of the reader is intensely excited by the great art shown in the minute delineation of a particular passion, and where he is forced to forget the artificial theory of the authoress. The first volume of the Plays of the Passions appeared in 1798, and met with remarkable success. Four years afterwards, she published a second volume; in 1804. Miscellaneous Plays; in 1812, the third volume of her Plays of the Passions; and in 1836, three volumes of dramatic poetry. The most popular as well as the most powerful of her works is the tragedy of De Montfort. It was brought upon the stage in London, Kemble acting for eleven nights the character of the hero. Many of Miss B.'s minor pieces are very sweet, simple, and beautiful; and are marked by a sprightly grace of versification, and a playful serenity of spirit, which pleasantly remind one of the personal character of the authoress herself.

BAILLIE, MATTHEW, M.D., a distinguished physician and anatomist, was b. on the 27th Oct., 1761, in the Manse of Shotts, Lanarkshire, Scotland. His father was descended from the family of B. of Jerviswood, so noted in the history of Scotland during the reign of Charles II.; his mother was a sister of the two celebrated anatomists, William and John Hunter; and one of his sisters was Joanna B., the poetess. Talent seems to have been both hereditary and abundant in the family. On account of his abilities, his father was appointed professor of divinity in the university of Glasgow, where young B. went through the usual curriculum, and afterwards proceeded to Balliol college, Oxford, as an exhibitioner on the Snell foundation. In 1780 he commenced his anatomical studies in London under the care of his uncle, and was frequently employed as demonstrator to