224 BAILMENT BAINBRIDGE 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 exclu- sively for the use of the bailee, as where a thing is borrowed for use by bailee, the strict- est 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 re- quired ; and if he is habitually careless about his own affairs, he is not bound to do more for another than he 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 innkeep- er 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 tem- pest, and he is not exonerated in case of de- struction 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 Ooggs V. Bernard, Lord Raymond's Reports, 909, is fa- mous. Sir William Jones was the first English writer who treated of this subject at length ; but he had been anticipated in France by Po- thier, 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 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 Ar- rows," the colossal statue of Nelson in Trafal- gar square, well known statues of Earl Grey, Sir Astley Cooper, and Sir Robert Peel, por- tions of the sculptures at Buckingham palace, "Eve listening to the Voice," "Preparing for the Bath," "The Graces," "The sleeping Nymph," and "The fatigued Huntsman." BAILY, Francis, an English astronomer, born in 1774, died in 1844. He was a London bro- ker, 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 astro- nomical society's star catalogue, and contrib- uted 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, profes- sor 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 ex- aminer in the university of London. He be- came a contributor to the " Westminster Re- view" in 1840, wrote for the " Cyclopaedia " 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 Sci- ence" (1868); and "Logic" (1870). BAINBBLDGE, William, an American naval of- ficer, 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 re- ceived the commission of lieutenant. In Sep- tember of that year, while cruising off Gua- deloupe, 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 pro- moted, and appointed to the command of the brig Norfolk, in which vessel he cruised in the West Indies during a large portion of the
