8 May 1805

Evidence

Introd.

Ch 5. Collateral Incidental

'.4. Vexation - Persons

3. Imprisonment (provisional) for the purpose of securing actual justiciability and personal forthcomingness. This branch of juridical vexation is in general confined to the station of defendant, and in that station to those suits for the purpose of which such coercive means of assurances are regarded as indispensable.

In some cases, in the view of diminishing the vexation, an engagement is accepted on the part of third persons, who, through friendship to the defendant, are content to subject themselves to a pecuniary loss in the event of his failing to become personally forthcoming or in some other way actually, justiciable, at the /an/ appointed time. In these cases the personal vexation is taken off /removed/ from the shoulders of the party, and in the shape of eventual expence, and present anxiety, transferred upon those of his friends.

7(a)

In English law in which the use of this accusatory[?] expedient seems more abundant than in any other established System, such persons are called Sureties or Bail: the act of procuring persons subject themselves to this obligation is called finding Bail: on the part of the Bail the act of undergoing examination for the purpose of satisfying the Judge of the sufficiency of the security is afforded by them justifying Bail: and the defendant who is liberated from the imprisonment in consideration of the vicarious security thus afforded, is said to be bailed.