Page:Black's Law Dictionary (Second Edition).djvu/122

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as an under-sheritr exercised under the sher- lfl of the county. Whlshaw.

{{anchor+|.|BAILIWICK. The territorial jurisdiction of a sherict or bailitr. 1 BL Comm. 344. Greenup v. Bacon. 1 '1‘. B. Mon. (Ky.) 108.

{{anchor+|.|BAILLEUR D]-I FOITDS. In Canadian law. The unpaid vendor of real estate.

{{anchor+|.|BAILLL In aid French law. One to whom judicial authority was assigned or de- livered by a superior.

{{anchor+|.|BAIIMENT. A delivery of goods or personal property, by one person to another, in trust for tile execution of a special object upon or in relation to such goods, beneficial either to the bailor or bailee or hoth, and upon a contract, express or implied, to perform the trust and carry out such ohject, 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 A111. 13, 45 Am. Rep. 70; Cum. v. Mailer, 11 Phila. (Pa.) 425: McCarfrey v. Knapp. 74 Ill. App. 80: Krause v. Com., 93 Pa. 418, 39 Am. Rep. 70.; Fuicher v. State, 32 Tex. C'r. R. 621, 2.5 S. W. 6215. See Code Ga. 1882. 9 2058.

A delivery of goods in trust upon a contract, expressed or implied, that the trust shall be faithfuiiy executed on the part of the haiiee. 2 Bl. (‘omni.

Bailment, from the French builler, to deliver, la a deiivery of goods for some purpose, upon a contract, express or implied, that, after the purpose has been fuifilled, they shall he rede- liverrd to the bailor, or otherwise deait with, according to his directions, 01' (as the case may 33) kcpt tiil he reclaims them. 2 Steph. Comm.

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 Imilee as soon as the purposes of the bailment shall ire answered. 2 Kent, omm. 559.

Bailment is a delivery of a thing in trust for some special object or purpose, and upon a contract, express or lmpiied, to conform to the object or purpose of the trust. Story, Tlailm. 3.

A delivery of goods in trust on a contract, cithrr expressed or implied. that the trust shaii

duly executed, and the goods redelirered as soon as the time or use for which they were hailed shali have elapsed or be performed. Jones. Bailm. 117.

Bailment is a word of French origin. signif- icant of the curtailed transfer, the dehvery or mere handing over, which is appropriate to the transaction. Schouler. Pets. mp. 695.

The test of a hnilment is that the identicai thin is to be returned; if another thing of equa value is to be returned, the transaction is a sale. Marsh v. Titus. 6 Thump. «S: C. (N. Y.) 29; Stunn v. ‘Poker. 150 U. S. 312, 14 Sup. Ct. 99, 37 L Ed. 1093.

Classification. Sir Wiiliam Jones has divided bailments into five sorts, namely: Depositu-m, or deposit; mundatum, or com- mission withont recompense; commodntum, or loan for use without pay: pignori occup- mm, or para; locatmn, or hiring, which is always with reward. This last in subdivid-



ed into locotio rei, or hiring, by which the hirer gains a temporary use of the thing; locatia opsris faciemi-i, when something is to be done in the thing delivered; looatio opem mcrcium vehendamm, when the thing is merely to be carried from one place to an- other. Jones, Bailui. 36.

Lord Holt divided bajlmeuts thus:

(1) Depositum, or a naked bailment of goods, to be kept for the use of the bailor.

I2) Gommodatum. Where goods or chattels that are usefui are lent to the builee gratis, to be used by him.

(3) Locatio rt-.1’. Where goods are ient to the bnilec to be used by him for hire.

(4) Vadium. Pawn or piedge.

I5) Lozxztia opt-ria aciendi. ‘Vhere goods are deliven-<1 to be carried, or something is to be done about them, for a reward to be paid to the beilee.

(6) Illandatum. A deiivery of goods to some- body who is to carry them, or do something about them, gratis. 2 Dd. Raym. 909

Another division, suggested by Bouv-ier, in as foilows: First, those bailments which are for the benefit of the baiior, or of some person whom he represents; second, those for the hensfit of the bailee, or some person represented by him; third, those which are for the benefit of both parties.

—Ba.i1rnent for hire. A contract in which the bailor agrees to pay an adequate recompense for the safe-keeping of the thing intrasted to the custody of the boilee, and the ha" agrees to keep it and restore i_t_on the reqacs_t of the hnilor. in the same condition suhstautia1- iy as he received it. excepting injury or loss from causes for which he is not responsihle. Arent. v. Squire, 1 Dnlv (N. Y.) 3-’-fi.—Grr.tnitons bsihnent. Another name for a depositum or naked bailmcnt, which is made tmly for the lw.-ncfit of the bailor and is not a source of profit to the hailee. Foster v. Essex Rank. 17 \Inss. 499, 9 Am. Dec. 1('>S.—Luc1-ativo bailment. One which is undertaken upon I crvnsidcration and for which a payment or recompense is to be made to the lnilee, or from which he is to derive some ad'v-antsge. Prince v. Aiahams State Fair, 106 Aia. 340, 17 South. 449. % L. B. A. 716.

{{anchor+|.|BAILOR. The party who bails or delivers goods to another, in the contract of haiiment. McGee v. French. 49 S. C. -154, 27 S. E. 487.

{{anchor+|.|BAD!-MAN. In old Scotch law. A poor insolvent debtor, ieft bare and naked, who was oiiliged to swear in court that he was not worth more than live shillings and livepence.

{{anchor+|.|BAIRNS. In Scotch law. A known term. used to denote one's whole issue. Ersk Inst. 3, S, 48. But it is sometimes used in a more limited sense. Bell.

{{anchor+|.|BAIRNS PART. In Scotch law. Chii- dren's part; a third part or the defunct's tree movahles, dehts deducted, if the wife survive, and a half it there be no relict.

{{anchor+|.|BAITTNG ANIMALS. In English law. Procuring them to be worried by dogs. Pan- ishable on summary conviction, under 12 A

13 Vict. C. 92 § 3.