Bail bonds are given to secure the appearance of the person, usually styled the defendant, at the time and place named, when the defendant is to be surrendered to answer the charge for which he was originally taken into custody. In them there is a bailment of the defendant to his sureties, and the defendant is in their custody instead of going to jail, and remaining in the custody of the law. The sureties on a bail bond have, in general, the same rights as the ordinary surety, as, for instance, they have a right to claim a discharge by a change made in their contract without their giving their consent to the same. The limit of their liability is the amount named in the bond, with interest from the date the return of the execution writ non est inventus is made.12

The sureties on the bail bond will be discharged from liability by performing the condition of the bond; performance may be by surrender of the principal, or in civil cases by paying the debt of the principal.13

It is also held that the death of the principal at any stage of the suit, before the return of the writ against the principal, will discharge the surety. The bail bond sureties in criminal cases, always have the right to terminate their obligation by arresting, and surrendering the principal to the sheriff,14 and this may be done at the return term or in vacation, and it is held they may even pursue the principal into another State, for the purpose of arresting him. If the principal appears at the commencement of the trial, it is to be looked upon as a constructive surrender to the officer of court, and the liability of the surety is at an end.15 The principal, too, need not only appear at the time specified, but he must take notice of the actual day that the term of court commences, and a clerical error as to the day of the month would not govern.16 And if the bond reads that the principal must appear from day to day, he must fulfill the terms of the bond in order not to bring about a forfeiture.

12 Heustis vs. Rivers, 103 Mass., 398.

13 Appleby vs. Robinson, 44 Barb. 316.

A bail bond is to be given only by permission of court, and on the terms that the court may prescribe, as the granting of the permission to be bail is a judicial act. A voluntary tender of bail bond without the court's order sanctioning it, would be of no force or effect,17 and the order admitting to bail, must always be by the authority of the officer in whom such authority is specially vested.

14 Norfolk vs. People, 43 I11., 9. 15 Askins vs. Commonwealth, 1 Div., 275.

16 Mooney vs. People, 81 I11., 134. 17 Morgan vs. Commonwealth, 12 Bush (Ky.), 84.