as an under-sheriff exercised under the sheriff of the county. Whishaw.
BAILIWICK. The territorial jurisdiction of a sheriff or bailiff. 1 Bl. Comm. 344. Greenup v. Bacon, 1 T. B. Mon. (Ky.) 108.
BAILLEUR DE FONDS. In Canadian law. The unpaid vendor of real estate.
BAILLI. In aid French law. One to whom judicial authority was assigned or delivered by a superior.
BAILMENT. A delivery of goods or personal property, by one person to another, in trust for the execution of a special object upon or in relation to such goods, beneficial either to the bailor or bailee or both, and upon a contract, express or implied, to perform the trust and carry out such object, and thereupon either to redeliver the goods to the bailor or otherwise dispose of the same in conformity with the purpose or the trust. Watson v. State, 70 Ala. 13, 45 Am. Rep. 70; Com. v. Maher, 11 Phila. (Pa.) 425; McCaffrey v. Knapp, 74 Ill. App. 80; Krause v. Com., 93 Pa. 418, 39 Am. Rep. 762; Fulcher v. State, 32 Tex. Cr. R. 621, 25 S. W. 625. See Code Ga. 1882, § 2058.
A delivery of goods in trust upon a contract, expressed or implied, that the trust shall be faithfully executed on the part of the bailee. 2 Bl. Comm. 455.
Bailment, from the French bailler, to deliver, is a delivery of goods for some purpose, upon a contract, express or implied, that, after the purpose has been fulfilled, they shall be redelivered to the bailor, or otherwise dealt with, according to his directions, or (as the case may be) kept till he reclaims them. 2 Steph. Comm. 80.
A delivery of goods in trust upon a contract, expressed or implied, that the trust shall be duly executed, and the goods restored by the bailee as soon as the purposes of the bailment shall be answered. 2 Kent, Comm. 559.
Bailment is a delivery of a thing in trust for some special object or purpose, and upon a contract, express or implied, to conform to the object or purpose of the trust. Story, Bailm. 3.
A delivery of goods in trust on a contract, either expressed or implied. that the trust shall be duly executed, and the goods redelivered as soon as the time or use for which they were bailed shall have elapsed or be performed. Jones, Bailm. 117.
Bailment is a word of French origin, significant of the curtailed transfer, the delivery or mere handing over, which is appropriate to the transaction. Schouler, Pers. Prop. 695.
The test of a bailment is that the identical thing is to be returned; if another thing of equal value is to be returned, the transaction is a sale. Marsh v. Titus, 6 Thomp. & C. (N. Y.) 29; Sturm v. Boker, 150 U. S. 312, 14 Sup. Ct. 99, 37 L Ed. 1093.
Classification. Sir William Jones has divided bailments into five sorts, namely: Depositum, or deposit; mandatum, or commission without recompense; commodatum, or loan for use without pay; pignori acceptum, or pawn; locatum, or hiring, which is always with reward. This last in subdivided into locatio rei, or hiring, by which the hirer gains a temporary use of the thing; locatia operis faciendi, when something is to be done in the thing delivered; locatio operis mercium vehendarum, when the thing is merely to be carried from one place to another. Jones, Bailm. 36.
Lord Holt divided bailments thus:
(1) Depositum, or a naked bailment of goods, to be kept for the use of the bailor.
(2) Commodatum. Where goods or chattels that are useful are lent to the bailee gratis, to be used by him.
(3) Locatio rei. Where goods are lent to the bailee to be used by him for hire.
(4) Vadium. Pawn or pledge.
(5) Locatio operis faciendi. Where goods are delivered to be carried, or something is to be done about them, for a reward to be paid to the bailee.
(6) Mandatum. A delivery of goods to somebody who is to carry them, or do something about them, gratis. 2 Ld. Raym. 909
Another division, suggested by Bouvier, in as follows: First, those bailments which are for the benefit of the bailor, or of some person whom he represents; second, those for the benefit of the bailee, or some person represented by him; third, those which are for the benefit of both parties.
—Bailment for hire. A contract in which the bailor agrees to pay an adequate recompense for the safe-keeping of the thing intrusted to the custody of the bailee, and the bailee agrees to keep it and restore it on the request of the bailor, in the same condition substantially as he received it, excepting injury or loss from causes for which he is not responsible. Arent v. Squire, 1 Daly (N. Y.) 356.—Gratuitous bailment. Another name for a depositum or naked bailment, which is made only for the benefit of the bailor and is not a source of profit to the bailee. Foster v. Essex Bank, 17 Mass. 499, 9 Am. Dec. 168.—Lucrative bailment. One which is undertaken upon a consideration and for which a payment or recompense is to be made to the bailee, or from which he is to derive some advantage. Prince v. Alabama State Fair, 106 Ala. 340, 17 South. 449, 28 L. R. A. 716.
BAILOR. The party who bails or delivers goods to another, in the contract of bailment. McGee v. French, 49 S. C. 454, 27 S. E. 487.
BAIR-MAN. In old Scotch law. A poor insolvent debtor, left bare and naked, who was obliged to swear in court that he was not worth more than five shillings and five-pence.
BAIRNS. In Scotch law. A known term, used to denote one's whole issue. Ersk. Inst. 3, 8, 48. But it is sometimes used in a more limited sense. Bell.
BAIRN'S PART. In Scotch law. Children's part; a third part or the defunct's free movables, debts deducted, if the wife survive, and a half it there be no relict.
BAITING ANIMALS. In English law. Procuring them to be worried by dogs. Punishable on summary conviction, under 12 & 13 Vict. c. 92, § 3.
