W&5F 
B A I 
holes, which are eight, with the fingers. 
The little pipe is ordinarily a foot long; that 
played on thirteen inches ; and the port- 
vent six. 
This instrument has been so long a favou- 
rite with the natives of Scotland, that it 
may be considered as a national instrument. 
It is not known when it was introduced 
there, but it has been conjectured that the 
Danes or Norwegians carried it into the 
Hebrides, where it has been known from 
times immemorial. 
BAGS, sand, in military affairs, filled with 
earth or sand to repair breaches, and the 
embrasures of batteries when damaged by 
the enemies fire, or by the blast of the guns ; 
they are also used to raise a parapet in 
haste, or to repair one that is beaten down. 
They ire only used when the ground is 
rocky and does not afford earth enough to 
carry on the approaches. 
BAHAR, or Barre, in commerce, 
weights used in several places in the East 
Indies. 
There are two of these weights, the one 
the great bahar with which they weigh pep- 
per, cloves, nutmegs, ginger, &c, and con- 
tains five hundred and fifty pounds of Por- 
tugal, or about five hundred and twenty- 
four pounds nine ounces avoirdupois 
weight. With the little bahar they weigh 
quicksilver, vermilion, ivory, silk, &e, 'It 
contains, about four hundred and thirty- 
seven pounds nine onnces avoirdupois 
weight. 
BAIL, in law, the setting at liberty one 
attested or imprisoned, upon an action, 
either civil or criminal, upon sureties taken 
for his appearance at a day and place assign- 
ed ; and is either common or special. 
Common bail is in actions of small preju- 
dice, or slight proof, in which case any 
sureties are taken. But if the plaintiff make 
affidavit that the cause of action amounts 
to 10/. or upwards, in order to arrest the 
defendant, and make him put in substantial 
sureties for his appearance, called special 
bail ; it is then required that the true cause 
of action be expressed in the body of the 
writ. 
Special bail, are two or more persons, 
who, after arrest, undertake generally, 
or enter into bond to the sheriff in a certain 
sum, to insure the defendant’s appearance 
at the return of the writ : this obligation is 
called bail-bond. 
In criminal cases all persons, by the com- 
mon law, might be bailed till they were 
convicted of the offence laid to their charge : 
mm'iimwWfg 
B A I 
the statutes have made many exceptions to 
this rule : when these do not intervene bail 
may, upon offering sufficient surety, be 
taken either in court or, in particular cases, 
by the sheriff, coroner, or other magistrate, 
but usually by justices of peace, in the fol- 
lowing cases, persons of good fame charged 
with the suspicion of man-slaughter or other 
inferior homicide. Persons charged with 
petit larceny, or any felony not before spe- 
cified. Accessaries to felony, not being of 
evil fame, nor under strong presumption of 
guilt. Bail cannot be taken upon an accu- 
sation of treason, nor murder, nor in the 
case of man-slaughter if the person be 
clearly the slayer; nor does it extend to 
such as being committed for felony have 
broken prison, nor to persons out lawed, 
nor to those who have abjured the realm, 
nor approvers, nor persons taken in the 
fact of felony, nor persons charged with 
house-burning, nor persons taken by writ of 
excommunicato capiendo. 
BAILE, or Bale, in the sea language. 
The seamen call throwing the water by 
hand out of the ship or boat’s hold bailing. 
They also call those hoops that bear up the 
tilt of a boat its bails, 
BAILLY (Jean Sylvain), a celebrated 
French astronomer, historiographer, and 
politician, was bom at Paris the 15th of 
September, 1736, and has figured as one of 
the greatest men of the age, being a mem- 
ber of several academies, and an excellent 
scholar and writer. He enjoyed for several 
years the office of keeper of the king’s pic- 
tures at Paris. He published, in 1766, a 
volume in 4to, “ An Essay on the Theory of 
Jupiter’s Satellites,” preceded by a history 
of the astronomy of these satellites. In the 
“Journal Encyclopfedique,” for May and 
June 1773, he addressed a letter to M. Ber- 
noulli, astronomer royal at Berlin, upon 
some discoveries relative to these satellites, 
which he had disputed. In 1763, he pub- 
lished the Eulogy of Leibnitz, which ob- 
tained the prize at the Academy of Berlin, 
where it was printed. In 1770, he printed 
at Paris, in 8vo. the Eulogies of Charles the 
Vth, of DelaCaille, of Leibnitz, and of Cor- 
neille. This last had the second prize at 
the Academy of Rouen, and that of Moliere 
had the same honour at the French Aca- 
demy. 
M. Bailly was admitted into the Academy 
as adjunct, the 29th of January, 1763, and 
as associate, the 14th of July, 1770.— In 
1775 came out at Paris, in 4to, his “ His- 
tory of the Ancient Astronomy,” in one vq- 
