BAIL BOND - A specialty by which
the defendant and other persons, usually not less
than two, though the sheriff may take only one, become
bound to the sheriff in a penalty equal to that for
which bail is demanded, conditioned for the due appearance
of such defendant to the legal process therein described,
and by which the sheriff has been commanded to arrest
him. It is only where the defendant is arrested or
in the custody of the sheriff, under other than final
process, that the sheriff can take such bond. On this
bond being tendered to him, which he is compelled
to take if the sureties are good, he must discharge
the defendant.
With some exceptions, as for example, where the defendant
surrenders nothing can be a performance of the condition
of the bail bond, but putting in bail to the action.
The plaintiff has a right to demand from the sheriff
an assignment of such bond, so that he may sue it
for his own benefit.
