(104) BACKWARD AND FORWARD, (in marine inlonger, and the persons to whom granted must surance policy). 1 Taunt. 463. enter into a recognizance that they will not by color of their licences forestal, or do any thing contrary to the statutes made against forestallers, ingrossers and regrators. If any person shall act as a badger without licence, he is to forfeit £5, one moiety to the king, and the other to the prosecutor, leviable by warrant from justices of the peace, &c.-Jacob. (105) action. The ordinary mode of commencpiece" with the proper officer, and by the ing an action was by serving the defendant bail entering into a recognizance binding with a capias and notice to appear (see CAthemselves as sureties for the defendant. PIAS AD RESPONDENDUM), and thereupon Bail was put in absolutely if the plaintiff the defendant appeared and put in sureties consented to the bail, or de bene esse if for his future attendance and obedience, they were subject to his afterwards exceptwhich sureties were called "common bail," ing to them; in the latter case the bail, after "being the same two imaginary persons entering into the recognizance, made affithat were pledges for the plaintiff's prosedavits of justification, and if the plaintiff cution, John Doe and Richard Roe," but excepted to them they had to justify (see this was abolished by Stats. 2 Will. IV. c. JUSTIFICATION), or the defendant might 39, and 1 and 2 Vict. c. 110. add (i. e. substitute) other bail, who had to justify instead of the original bail; in either case, if the justification was successful a rule of allowance was drawn up, when the bail was said to be perfected. (Chit. Pr. 727; Sm. Ac. (II.) 233.) The practice of giving bail below and bail above in ordinary actions was abolished in England by the Debtor's Act, 1869, § 6, doing away with arrest on mesne process; but the practice remains as respects a certain class of actions, in the States which have not adopted Codes of Procedure.* 2. Bail below, or to the sheriff. - In certain cases the plaintiff might, by making an affidavit as to the amount of the cause of action (called an "affidavit to hold to bail"), arrest the defendant and make him put in substantial sureties for his appearance, who were called "bail below" or "bail to the sheriff," because they and the defendant entered into a bond (called the "bail bond") in favor of the sheriff, to secure the debt sued for, and conditioned for the appearance of the defendant and the putting in of special bail in due course. If the defendant did not comply with the condition the plaintiff might take an assignment of the bail bond from the sheriff and enforce it against the sureties, or compel the sheriff either to render the defendant (technically called "bringing in the body") or to put in special bail for him. This kind of bail is still required in bailable actions, in States proceeding according to the course of the common law. 4. Bail in error.-Another kind of bail is bail in error, given by a defendant in an action when he is going to bring error on the judgment and wishes execution to be stayed in the meantime. The practice is similar to that of putting in special bail (supra, ¿3.) (Sm. Ac. (II.) 232) See SECURITY. 25. In admiralty actions. - Where a ship, cargo, or other property has been arrested, the defendant may have it released on giving bail for its value. The 3. Special bail. - Special bail (bail above or bail to the action) were persons bail consists of two sureties, who execute who undertook that if the defendant were a bond called a "bail-bond." Wms. & B. condemned in the action he should pay Adm. Pr. 210 et seq. See APPRAISEMENT; the debt or render himself to prison. The RELEASE. operation of procuring special bail was § 6. In criminal proceedings.-Where called "putting in bail," and was effected a person is accused before a magistrate of by leaving a memorandum called the "bail an indictable offence, and there is suffi- *In England, in ordinary actions bail in the court to the High Court, either before judgment old sense has been abolished, but a somewhat or after judgment, by writ of error. Bail generanalogous proceeding still exists under 6 of ally consists of a bond or recognizance by the the Debtor's Act, 1869, which prevents a defendparty, and two sureties. (Stat. 19 Geo. III. c. ant from leaving England unless he gives secu-70; Arch. Pr. 875, 1406, 1423.) In a proceedrity, if his evidence is necessary to the plaintiff ing by foreign attachment, giving bail is one of (Coe Pr. 165); and under Order XIV. of the the modes by which the defendant may dissolve Rules of Court, which enables a plaintiff, where the attachment; bail are also required to enable the defendant has no defence, to sign judgment unless security is given. Bail may still be required to be given by the defendant in certain actions for the recovery of land, and in cases where a cause in which the cause of action does mot amount to £20, is removed from an inferior him to appear by means of a scire facias ad disprobandum debitum; the bail must in either case be special bail, i. e. bail to render the defendant or pay what shall be recovered against him if the plaintiff recover judgment. Brand. For. Att. 106.