BAIKIE. 
chopping it with the sickle. The reaper does 
not, as in the ordinary method, make a drawing 
cut, but he strikes and separates the stems by 
side cuts, hooks them up toward him, and then 
lays them on bands as in ordinary reaping. This 
method makes shorter stubble, or brings away 
more straw than the common method; but, un- 
less carefully and dexterously conducted, it drops 
and disperses a greater number of stems. 
BAIKIE. A species of binder, for attaching 
the cow to the stake. Two ropes connect a short 
bar of hard wood with a perpendicular stake, and 
_are firmly fastened to the bar, but have an an- 
nular or sliding attachment to the stake; the 
lower rope passes under the neck of the cow, and 
is permanently attached to the stake; and the 
upper rope passes above the animal’s neck, and 
is temporarily attached to the stake by means of 
a knot and eye. See the article Cow-Hovusr. The 
word baikie, in Scotland, is also the name of a 
kitchen four-cornered bucket. 
BAIL. The security given for the defendant’s 
appearance ina process. Bail is given both in 
civil and in criminal actions. In civil cases, un- 
til the passing of the act 2° Will. IV. cap. 39, bail 
was either common or special. Common bail was 
taken when the defendant had been served with 
a writ of capias, by the sheriff or his officer, and 
with notice to appear, by his attorney, in court, 
to defend the action. If the defendant thought 
proper to appear upon this notice, his appearance 
was recorded, and he put in sureties for his future 
attendance and obedience. ‘These sureties were 
called common bail, being the same two imaginary 
persons, John Doe and Richard Roe, that were 
pledges for the plaintiff’s prosecution, And if 
| the defendant did not appear upon the return of 
the writ, or within a short period after, the 
plaintiff might enter appearance for him, and 
file common bail in his name, as if the defendant 
had done so himself. By the act 2° Will. IV., the 
appearance of the defendant is by entering a 
memorandum that he either appear in person or 
by attorney. 
Common bail was taken only in actions of small 
concernment. But in causes of greater weight, 
such as actions upon bond or specialty, &c., where 
the plaintiff makes affidavit, or asserts upon oath, 
that the cause of action amounts to £20 or up- 
wards, the defendant must put in substantial 
sureties for his appearance. which is called spe- 
cial bail. And in such cases it is required by 
18° Car. II. st. 2, cap. 2, that the true cause of 
action shall be expressed in the body of the writ 
or process. Upon the return of the writ, or 
within four days after, the defendant must ap- 
’ pear, according to the exigency of the writ. This 
is done by putting in and justifying bail to the 
action ; which is commonly called putting in bail 
above. If this appearance be not made, and the 
bail taken by the sheriff below are responsible 
persons, the plaintiff may then take from the 
sheriff an assignment of the bail-bond, and bring 
BAILIFF. 
an action against the sheriff’s bail, And if the 
bail accepted by the sheriff be insolvent or un- 
qualified persons, the plaintiff may have recourse 
against the sheriff himself. The general qualifi- 
cation of special bail, is that they shall be house- 
holders or freeholders. No attorney, attorney’s 
clerk, sheriff’s officer, or bailiff, can become bail. 
The bail above, or bail to the action, must be 
put in either in open court, or before one of the 
judges of that court; or if, in the country, be- 
fore a commissioner appointed for that purpose, 
and transmitted to the court. The bail, or sure- 
ties, to the number of two at least, must enter 
into a recognizance before the judge or commis- 
sioner, whereby they jointly and severally under- 
take, that if the defendant be condemned in the 
action, he shall pay the costs and condemnation, 
or render himself a prisoner, or that he will pay 
it for him: which recognizance is transmitted to 
the court in a slip of parchment, entitled a bad- 
piece. And the bail, if required, must justify 
themselves in court, or before the commissioner 
in the country, by swearing that they are house- 
keepers, and each of them worth double the sum 
for which they are bail, after paying all their 
debts. This practice is in some degree analogous 
to the stipulatio or satisdatio of the Roman law. 
Bail, in criminal cases, is taken in most offences 
inferring an inferior degree of guilt; but not in 
felonies, and other capital crimes, because, in 
these cases, no bail could be a security equivalent 
to the actual custody of the offender’s person. | 
Both by the common and statutory laws, it 
is an offence against the liberty of the subject, | 
for any magistrate to refuse or delay to bail any | 
person bailable; and it is expressly declared, by 
statute 1° W. & M. st. 2, cap. 1, that excessive bail 
ought not to be required; but it must be left to 
the courts to determine, according to the circum- 
stances of the case, what bail shall be called ex- 
cessive. Bail may be taken either in court, or, 
in some particular cases, by the sheriff, coroner, 
or other magistrate, but most frequently by the 
justices of the peace. Bail can be taken only 
where the imprisonment is for safe custody be- 
fore conviction, and not from prisoners already 
convicted. By the old common law, all felonies 
were bailable, till murder was excepted by sta- 
tute; so that persons might be admitted to bail, 
before conviction, almost in every case; but the | 
power of bailing in treason, and in divers in- 
stances of felony, has been taken away by sundry 
statutes. It is agreed, however, that the court 
of King’s Bench, or any judge of that court in 
time of vacation, may bail for any crime whatso- 
ever, whether treason, murder, or any other of- 
fence, according to the circumstances of the case. 
The statute 7° Geo. IV. cap. 64, is now the ruling 
statute as to bail in felony. 
BAILIFF. An officer appointed for the ad- 
ministration of justice within a certain district. 
The office, as well as the name, appears to have 
been derived by us from the French; and it is 
aoe EH 
SSS 
