Home1815 Edition

BAILMENT

Volume 3 · 494 words · 1815 Edition

in Law, is a delivery of goods in trust, upon a contract, expressed or implied, that the Bailment trust shall be faithfully executed on the part of the bailee. As if cloth be delivered, or (in our legal dialect) bailed, to a taylor to make a suit of clothes, he has it upon an implied contract to render it again when made, and that in a workmanly manner. If money or goods be delivered to a common carrier to convey from Oxford to London, or from Glasgow to Edinburgh, &c. he is under a contract in law to pay, or carry them to the person appointed. If a horse or other goods be delivered to an innkeeper or his servants, he is bound to keep them safely and restore them when his guest leaves the house. If a man takes in a horse, or other cattle, to graze and depature in his grounds, which the law calls egagement, he takes them upon an implied contract to return them on demand to the owner. If a pawnbroker receives plate or jewels as a pledge or security for the repayment of money lent thereon at a day certain, he has them upon an express contract or condition to restore them if the pledger performs his part by redeeming them in due time; for the due execution of which contract, many useful regulations are made by statute 30 Geo. II. c. 24. And so, if a landlord detains goods for rent, or a parish officer for taxes, these for a time are only a pledge in the hands of the distrainers; and they are bound by an implied contract in law to restore them on payment of the debt, duty, and expenses, before the time of sale; or when sold, to render back the surplus. If a friend delivers any thing to his friend to keep for him, the receiver is bound to restore it on demand: and it was formerly held, that in the mean time he was answerable for any damage or loss it might sustain, whether by accident or otherwise; unless he expressly undertook to keep it only with the same care as his own goods, and then he should not be answerable for theft or other accidents. But now the law seems to be settled on a much more rational footing; that such a general bailment will not charge the bailee with any loss, unless it happens by gross neglect, which is construed to be an evidence of fraud: but if the bailee undertakes specially to keep the goods safely and securely, he is bound to answer all perils and damages that may befall them for want of the same care with which a prudent man would keep his own.

BAILO; thus they style at Constantinople the ambassador of the republic of Venice, who resides at the Porte. This minister, besides the political charge, acts there the part of a consul of Venice.