from
Bouvier's Law Dictionary, Revised 6th Ed (1856)
TO FIX. To render liable.
2. This term is applied to the condition of special bail; when the
plaintiff has issued a ca. sa. which has been returned by the sheriff, non
est, the bail are said to be fixed, unless the defendant be surrendered
within the time allowed ex gratia, by the practice of the court. 5 Binn. R.
332; Coxe, R. 110; 12 Wheat. R. 604; 4 John. R. 407; 1 Caines, R. 588. The
defendant's death after the return is no excuse for not surrendering him
during the time allowed ex gratia. See Act of God; Death. In New Hampshire,
1 N. H. Rep. 472, and Massachusetts, 2 Mass. R. 485, the bail are not fixed
until judgment is obtained against them on a scire facias, or unless the
defendant die after, the return of non est or) the execution against him. In
North Carolina, the bail are not fixed till judgment against them. 3 Dev. R.
155. When the bail are fixed, they are absolutely responsible.