BAIL. (Fr. bailer, to deliver). By bail is understood sureties, given according to law, to insure the appearance of a party in court. The persons who become surety are called bail. Sometimes the term is applied, with a want of exactness, to the security given by a defendant, in order to obtain a stay of execution, after judgment, in civil cases. Bail is either civil or criminal. Bouvier’s 6th. One who becomes the surety for the appearance of the defendant in court. Bouvier’s 8th. To deliver the defendant to persons who, in the manner prescribed by law, become security for his appearance in court. Bouvier’s 8th. n. Monetary amount for or condition of pretrial release from custody, normally set by a judge at the initial appearance. The purpose of bail is to ensure the appearance of the accused at subsequent proceedings. If the accused is unable to make bail, or otherwise unable to be released on his or her own recognizance, he or she is detained in custody. The Eighth Amendment (U.S. Const.) provides that excessive bail shall not be required. Black’s 6th. The surety or sureties who procure the release of a person under arrest, by becoming responsible for his appearance at the time and place designated. Those persons who become sureties for the appearance of the defendant in court. Black’s 6th. See Note.

Note: If a straw man/TRADE NAME/defendant cannot make/pay bail then the man/ woman attached with that straw man/TRADE NAME/defendant becomes the bail. This is formal legal recognition/acknowledgment that this particular man/woman is the surety for the appearance of the dummy/straw man/TRADE NAME/defendant (artificial person) in court. See dummy, surety, appearance.

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