Bail Below

What does Bail Below mean in American Law?

The definition of Bail Below in the law of the United States, as defined by the lexicographer Arthur Leff in his legal dictionary is:

In civil actions in which the defendant might be arrested, there were two key moments at which bail might have to be supplied. When the writ (capias ad respondendum) was issued and the defendant arrested thereon, bail might be supplied to free him on an undertaking that he would appear in court on the return day of the writ. This was known as “bail below” or “bail to the sheriff.” “Bail above” (also “bail to the action,” “bail special,” or “special bail”) referred to bail furnished on that return day, the undertaking being that the surety would, in the event of a judgment against the defendant, either pay it or surrender the defendant into custody.