1880s Texas - How did bail work?

by Benjamincito

Long story short I am trying to better understand an event that happened my area a long time ago

"Remaining under indictment for the murder of *******, a $1000.00 bail was posted."

What does this mean? Did this person have to put up like 10% of 1000 dollars to get out of jail? Or did he have to put up the full amount? Did he have to use cash money? Would him or his relative have maybe signed paper mentioning collateral?

LOCATION: MILAM/LEE COUNTY TEXAS

TIME PERIOD: EARLY 1880S

Thanks!

vpltz

Good question.

Bail in the 1880s in Texas would have been governed by various portions of the Code of Criminal Procedure as adopted by the 16th Texas Legislature in 1879.

While Chapter IV of the above mentioned statute (available on the Texas State Law Library website) mainly governs bail, it is scattered throughout the CCP.

To answer your question, a person could be released on bail multiple ways:

  1. Cash bail. Depositing the cash with the clerk of the court.
  2. Property bond or surety bond. A bond not involving a bondsman, where people pledge their wealth, particularly land, as sureties for the accused. These had to be approved by the sheriff or courts to determine the amount was sufficient.
  3. Bond through a bondsman (similar to today—pay a percentage)
  4. Personal recognizance. Similar to today, you are let out on a PR bond without money.

Title 1, Chapter 2, Article 51 of the 1879 CCP allowed a sheriff to essentially wait to arrest you while you prepared your bail or bond—although there sheriff was to do so in a fashion to ensure defendant was not leaving the jurisdiction while he was allowed to wait.

Capital offenses were offenses for which bail could be denied. Similar to today, excessive bail was outlawed, bail wasn’t to be punitive, and excessive bail could be challenged. Examining trials were also permitted, which could result in a lower bond or charges dropped. Examining trials happen before a grand jury indictment in a felony or prior to the information in a misdemeanor.

If you are looking for a specific family case, it should be in the court register and the court file if you are looking for how your family member placed bail or a bond.