This section is from the book "Hill's Manual Of Social And Business Forms: A Guide To Correct Writing", by Thos. E. Hill. Also available from Amazon: Hill's Manual Of Social And Business Forms: The How-To-Do-Everything Book Of Victorian America.
THE WORD BAIL, in law, has very much the same meaning as "guaranty," and is a voucher by a competent person, or persons, that another person will perform a duty required by the civil authority.
The effect of such a voucher, or guaranty, is to temporarily set free, liberate, or release from custody a person, or persons, charged with the infraction of some public law.
In law, such a guaranty is called a recognizance, the surety being the bailor, and the prisoner the bailee.
The bailor usually engages, under the penalty of paying a certain sum of money, in case of forfeiture, that the bailee will be present and submit himself peaceably to the court whenever his trial or examination is appointed, and patiently abide the issue thereof.
FORMS USED IN GIVING BAIL. BILLS OF SALE.
In case a prisoner who has been bailed out of custody does not appear for trial at the time specified in the bail-bond, the surety forfeits whatever sum is thereby pledged.
Bail in civil transactions is seldom required. Guaranty Forms and Letters of Credit, elsewhere explained, appear to have superseded the necessity and practice of these obligations.
State of Illinois,
County of Cook, 88. This day personally appeared before the undersigned, a justice of the peace in and for said county, Henry Carter, George R. Brown and James T. White, all of Chicago, in said county and State, and jointly and severally acknowledged themselves to be indebted unto the people of the State of Illinois, in the sum of Five Hundred Dollars, to be levied of their goods and chattels, lands and tenements.
Whereas, the above bounden Henry Carter, on the thirtieth day of December, A. D. 1882, was brought and examined by and before Horace Donohue, a justice of the peace in and for the county aforesaid, on a charge preferred against the said Henry Carter, for stealing Fifty Dollars from the store of Julius Wright, in said county, and the further examination of said Henry Carter having been continued to the tenth day of January, A. D. 1883, at ten o'clock a. m. , and the said Henry Carter having been adjudged and required by the said justice to give bonds, as required by the statute in such case made and provided, for his appearance to answer to said charge. Now the condition of this recognizance is such that if the above-bounden Henry Carter shall be and appear before the undersigned, at the Third District Police court-room, in the city of Chicago, in said county, on the tenth day of January, A. D. 1883, at ten o'clock a.m., then and there to answer to the said people of the State of Illinois, on said charge, and abide the order and judgment of said court, and not depart the same without leave, then and in that case this recognizance to become void, otherwise to be and remain in full force and virtue.
As witness our hands and seals this thirtieth day of December, A. D. 1882.
Taken, entered into and acknowledged before me, this thirtieth day of December, 1882.
Horace Donohue, Justice of the Peace.
HENRY CARTER, -(seal)-
GEORGE R. BROWN, -(seal)-
JAMES T. WHITE. -(seal)-