BAIE (now Baja), an ancient seaport town and watering place of Italy, about 10 m. W. of Naples, on the bay of Baiæ, between the Lucrine lake and Cape Misenum, and opposite the town of Puteoli. The narrow strip of coast sheltered by a semicircular ridge of hills on which Baiæ stood was covered with the palaces and baths of the Roman nobles. For want of room they often built out into the sea, and remains of submarine foundations are still visible. The leading attractions of Baiæ seem to have been its mild climate, its numerous hot springs, and its delightful scenery. Julius Cæsar, Augustus, Tiberius, Caligula, Nero, and Caracalla all frequented this spot; and it was the favorite resort of Horace and most men of wit and fashion in his day. Moralists spoke of it as a hot-bed of vice and luxury. It retained its prosperity until the invasion of Theodoric the Goth. With the fall of the empire it ceased to be visited; its villas were left to decay, and the whole coast is now a desert. The springs, no longer confined, have formed stagnant pools, giving off unwholesome exhalations in summer. The ground is strewn with ruined fragments of bricks, marbles, and mosaics. The only buildings remaining are three or four edifices of a circular form, two of which were in all probability warm baths. Another is believed to have been a temple of Venus. The whole coast has evidently undergone great changes since the time of the Romans, and appears to have sunk several feet below its ancient level.

BAIKAL (Russ. Svyatoe More, holy sea), a lake in the S. W. part of eastern Siberia, on the boundary of the government of Irkutsk and of the new province of Transbaikalia, between lat. 51° and 56° N. and lon. 103° and 110° E. Its length from S. S. W. to N. N. E. is about 375 m., and its breadth from 20 to 70 m., making it, next to the Caspian and Aral, the largest inland body of water in Asia. The greatest depth, according to soundings taken in 1872, is over 600 fathoms at the extreme S. W. part of the lake. It is surrounded by desolate shores and by rugged though picturesque mountains, densely covered with forests, from whence issue innumerable streams. The Upper Angara river flows into the lake at its N. end, and the Lower Angara issues from it near the S. end, being its only outlet. The Selenga, flowing into it on the S. E., is its largest tributary. The greatest island of the lake, Olkhon, is separated by a narrow strait from the W. coast. The principal fisheries are in the Angara river, to which many kinds of salmon are carried through the Yenisei from the Arctic, especially the omul (salmo autumnalis or migratorius). Baikal is one of the very few lakes which contain fresh-water seals. Sturgeons abound in the Selenga river. They are captured in large numbers, and their skins exported to China. The golomynka (calyonimus Baicalensis), a fish 4 to 6 inches long and singularly fat, is never taken alive, but cast dead upon

the beach in great quantities, especially after storms. Its oil is sold to the Chinese. The annual value of the fisheries is estimated at 200,000 rubles. The number of sailing vessels is about 50, and there are several steamers; and the activity in the mines of Transbaikalia, and the trade with the Amoor Country and China, are fast increasing. From November to May the lake is traversed on the ice. The shores of the lake and of the Angara and Selenga rivers are chiefly settled by Russians. There are various tribes which have been incorporated since 1856 under the name of the Baikal Cossacks. The Tunka Alps border the S. shore of the lake, and one of their summits, the snow-clad Kharma Davan, is 6,000 ft. high. The Baikalian mountains proper stretch N. E. from the Lower Angara, and are remarkable for their fantastic peaks, numerous rivulets, volcanic formations, thermal springs, and wealth in gold and silver and various gems. Earthquakes are frequent, and were especially violent in 1861-2.

BAIL (law Fr., bailler, to deliver), in law, the delivery of a person out of the hands of the sheriff or other officer after arrest into the custody of one or more sureties, who undertake to be responsible for such person. The same term was also used to designate the sureties themselves, and this came to be its most common signification. Bail in civil cases is either for appearance, called bail below, or to the action, called bail above. The sureties in the first give an undertaking to the arresting officer that the defendant shall appear in the cause in accordance with the practice of the court, and, if the case is one requiring special bail, that he shall cause such bail to be duly entered and perfected. For the sufficiency of this bail the officer is responsible, and when it is accepted by him the defendant is discharged from his custody. Sureties in bail to the action undertake for the appearance of the party when final judgment shall have been rendered and process shall have been issued thereon to take the body of the defendant in satisfaction. The sureties may be excepted to by the plaintiff, in which case they must justify their responsibility on oath; but if not excepted to in due time, or if they justify after exception, the defendant's appearance is entered and the bail below is discharged. The bail piece is a certificate issued to the sureties attesting the taking of bail. Formerly the plaintiff was entitled to bail as of course in most cases, but now by the provisions of various statutes it is not generally demandable in civil suits, either in England or in the United States, except upon a showing that some tort has been committed to the damage of the plaintiff, or that his demand springs from the official or professional misconduct or default of the defendant, or, if the suit is upon contract, that there was fraud in contracting the debt, or in endeavoring to put property beyond the reach of process for its collection. The showing is by affidavit, and thereupon an order is made by a judge or commissioner that

ings and its Improvement" (2 vols., 1862-'6). | He is a utilitarian and a follower of Locke.

BAILEY, Theodorus, an American naval officer, born in Plattsburgh, N. Y., in 1803, died in Washington, Feb. 10, 1877. He entered the navy in 1818, and was made lieutenant in 1827, commander in 1849, and captain in 1855. In 1861 he was ordered to the steam frigate Colorado, and participated in the bombardment of the confederate works near Pensacola. In the capture of the Mississippi forts by the squadron of Flag Officer Farragut (April, 1862), he commanded the second division of the attacking force. On the reorganization of the navy in 1862 he was made commodore, and as acting rear admiral succeeded to the command of the eastern gulf blockading squadron, where he was very successful in breaking up blockaderunning on the Florida coast. He was promoted to rear admiral July 25, 1866, and in the following October placed on the retired list.

BAILIFF (Fr. bailli, Lat. balivus), a person to whom some authority or charge is committed. The term as used by the Normans designated the chief magistrates of counties or shires, and bailiwick is still retained in writs and other judicial proceedings as defining the extent of jurisdiction within which the process may be executed, usually the same as county. It came into general use as a designation of any judicial or ministerial office performed by a deputy of a local magistrate; but as the judicial functions of sheriffs and lords having private jurisdiction declined, bailiffs were known as the ministerial deputies of sheriffs. A bound bailiff (vulgarized into bum-bailiff) is a sheriff's officer who has given sureties to the sheriff for his official conduct. The term bailiff was also applied in England to magistrates of certain towns, keepers of castles, &c., and is still used to some extent in one or other of these senses, but more commonly expresses a steward or agent of a lord or other large land proprietor. In the United States it is sometimes, but rarely, used for a sheriff's deputy or constable, and is occasionally met with as a legal designation of an agent liable to account for the rents or profits of property intrusted to him. In Scotch law a synonymous term, bailie, is applied to a ministerial officer to whom writs are directed. It is also used to designate a city magistrate similar to an alderman in England.

BAILLET, Adrien, a French scholar and writer, born at Neuville, in Picardy, June 13, 1649, died Jan. 21, 1706. He was educated for the church, but devoted his life to study and authorship. His most important publication was entitled "Judgments of the Learned upon the Principal Works of Authors," a book of criticism which taught better rules than it illustrated. He also produced a book on "Devotion to the Holy Virgin," the lives of the saints, which extended to 4 volumes, a life of Descartes, a history of Holland from 1609 to 1690, and numerous other works. For 26 years he was librarian to M. de Lamoignon, advocate

general of the parliament of Paris, and made a catalogue of his library in 35 vols. folio.

BAILLEUL, a town of France, department of Nord, near the Belgian frontier; pop. in 1866, 5,970. Its manufactures embrace lace, thread, linen, perfumes, beet sugar, snuff, crockery, and pottery. Bailleul cheese is noted for its excellence.

BAILLIAGE (territory of a bailiff), a French term equivalent to bailiwick in English. In Switzerland the term was applied to districts into which the aristocratical cantons were divided, and over which bailiffs were appointed by the governed, and also to those territories which were subject to two or more of the cantons and governed by bailiffs appointed by and responsible to such cantons. These Swiss bailliages anciently formed part of the Milanese. Their names were Mendrisio, Balerna, Locarno, Lugano, Val Maggia, Bellinzona, Riviera, and Val Brenna. Most of these were ceded to the Swiss cantons in 1512 by Maximilian Sforza, in gratitude for Swiss aid in recovering the duchy of Milan from the troops of the French king, Louis XII. In 1802 the canton of Tessin was formed by Bonaparte out of the Italian bailiwicks, which arrangement was confirmed by the European sovereigns after his abdication in 1814, and also by the Helvetic diet.

BAILLIE, Joanna, a Scottish poet, born at Bothwell, Lanarkshire, in 1762, died at Hampstead, near London, Feb. 23, 1851. Her father, a Presbyterian clergyman, who afterward became professor of divinity in Glasgow university, gave her a sound education. When her brother, Dr. Matthew Baillie, commenced practice in London, she and her sister Agnes removed to that city and took up their residence at Hampstead, where they lived for over 60 years. In 1798, at the age of 36, Miss Baillie published the 1st volume of her " Plays on the Passions," and successive volumes appeared in 1802, 1812, and 1836. Each of these plays was intended to illustrate the effect of a single ruling passion on life and character. A volume of miscellaneous plays appeared in 1804; it contained a Highland tragedy called "The Family Legend," which Scott (who made her acquaintance in 1806) caused to be represented at the Edinburgh theatre early in 1810, with a prologue by himself and an epilogue by Henry Mackenzie. "De Montfort " ran for 11 nights at Covent Garden theatre, Mrs. Siddons and John Kemble playing the leading parts. At a later period Kean produced this play, but it failed. Her plays "Henriquez" and "The Separation" were also brought out in London. She also wrote two plays published separately, called "The Martyr" and "The Bride." Her dramas were written rather for the closet than the stage, and, though greatly admired by the most competent critics, had but moderate success when acted. Besides ballads, fugitive pieces, occasional poems, and songs (many of them in the Scottish dialect, and humorous), Miss Baillie published metrical legends of exalt

BAILMENT (Fr. bailler, to deliver), in law, the delivery of a thing upon some trust, express or implied, usually the redelivery of the thing itself or its equivalent, or some disposition of it according to the direction of the bailor. The different kinds of bailment are: 1, a deposit for safe keeping; 2, lending or hiring for use of bailee; 3, a pledge or pawn as security for something done or to be done by pawnee; 4, delivery of a thing for the purpose of having work done upon it, or of being carried to some place designated. When the bailment is exclusively for the use of the bailee, as where a thing is borrowed for use by bailee, the strictest degree of care is required. If the trust is to keep the thing bailed or to do something in respect to it for the benefit of bailor without compensation, ordinary care, such as a man bestows upon his own property, is all that is required; and if he is habitually careless about his own affairs, he is not bound to do more for another than lie does for himself. If the trust is for mutual benefit, as when goods are to be kept or something done respecting them for a reward, ordinary diligence is to be exercised, such as prudent and careful men would give to their own affairs. In respect to two classes of bailments, the rule of law is peculiar, viz., the cases of innkeepers and common carriers; both of whom are made responsible absolutely for the goods intrusted to them, except against inevitable accident called the act of God, and against the act of the public enemy. It is not sufficient that they use the utmost care; they are held to be insurers of the safety of the goods except as above specified. The innkeeper therefore is answerable for the property of his guest, even if lost by theft or burglary; and a carrier for the goods in his charge, against every casualty except loss by lightning or tempest, and he is not exonerated in case of destruction by fire, in which last particular the rule is even more severe than it is in respect to the innkeeper. The English law of bailment was quite imperfect until the time of Lord Holt, who resorted to the civil law to supply the deficiency then existing in the adjudged cases. His classification, as given in Coggs v. Bernard, Lord Raymond's Reports, 909, is famous. Sir William Jones was the first English writer who treated of this subject at length; but he had been anticipated in France by Pothier, whose work on "Obligations" is now an acknowledged authority in English and American law. The American treatises of Justice Story and Mr. Edwards give the results of the more recent cases.

BAILY, Edward Hodges, an English sculptor, born at Bristol, March 10, 1788, died May 22, 1867. His father was a ship carver. The son was placed in a counting house, but his taste for art led him to take up the vocation of a modeller in wax, in which he gained some reputation. In 1807 he went to London, and entered the studio of Flaxman. From the society of arts and sciences he received the

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silver medal, and from the royal academy he gained both the gold and silver medals, and a purse of 50 guineas; his subject on the latter occasion being "Hercules restoring Alcestis to Admetus." At the age of 25 he produced the statue of "Eve at the Fountain." Among his other works were "Hercules casting Lichas into the Sea," 'Apollo discharging his Arrows," the colossal statue of Nelson in Trafalgar square, well known statues of Earl Grey, Sir Astley Cooper, and Sir Robert Peel, portions of the sculptures at Buckingham palace, "Eve listening to the Voice," Preparing for the Bath," "The Graces," "The sleeping Nymph," and "The fatigued Huntsman."

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BAILY, Francis, an English astronomer, born in 1774, died in 1844. He was a London broker, and author of several works on annuities, assurances, and kindred subjects, but devoted the last years of his life almost wholly to the service of the astronomical society and the British association. He prepared the astronomical society's star catalogue, and contributed many important papers to its memoirs. Sir John Herschel wrote his biography.

BAIN, Alexander, a Scottish philosopher, born in Aberdeen in 1818. He was educated at Marischal college, and was teacher of moral and natural philosophy there 1841-'5, professor of natural philosophy at the Andersonian university 1845-'6, assistant secretary of the metropolitan sanitary commissioners 1847-'8, and of the general board of health 1848-'50, examiner in logic and moral philosophy at the university of London 1857-'62, examiner in moral science for the India civil service 1858'60 and 1863, and professor of logic and English literature in the university of Aberdeen 1860'64. In the latter year he again became examiner in the university of London. He became a contributor to the "Westminster Review" in 1840, wrote for the "Cyclopædia " and other publications of the Messrs. Chambers, including text books on various sciences for their school series, and edited Paley's "Moral Philosophy," with dissertations and notes (1852). His principal works are: "The Senses and the Intellect" (1855); "The Emotions and the Will" (1859); "The Study of Character" (1861); "English Composition and Rhetoric " (revised ed., 1866); "Mental and Moral Science (1868); and "Logic" (1870).

BAINBRIDGE, William, an American naval officer, born in Princeton, N. J., May 7, 1774, died in Philadelphia, July 28, 1833. He had a command in the merchant service, when, upon the reorganization of the navy in 1798, he received the commission of lieutenant. In September of that year, while cruising off Guadeloupe, his vessel was captured by a French squadron, and he and his officers and men were held as prisoners until December following. On his return to the United States he was promoted, and appointed to the command of the brig Norfolk, in which vessel he cruised in the West Indies during a large portion of the