ment, or delivery, of goods to another perſon for a particular uſe; as to a carrier to convey to London, to an innkeeper to ſecure in his inn, or the like. Here there is no abſolute property in either the bailor or the bailee, the perſon delivering, or him to whom it is delivered: for the bailor hath only the right, and not the immediate poſſeſſion; the bailee hath the poſſeſſion, and only a temporary right. But it is a qualified property in them both; and each of them is entitled to an action, in caſe the goods be damaged or taken away: the bailee on account of his immediate poſſeſſion; the bailor, becauſe the poſſeſſion of the bailee is, mediately, his poſſeſſion alſo[1]. So alſo in caſe of goods pledged or pawned upon condition, either to repay money or otherwiſe; both the pledgor and pledgee have a qualified, but neither of them an abſolute, property therein: the pledgor's property is conditional, and depends upon the performance of the condition of re-payment, &c; and ſo too is that of the pledgee, which depends upon it's non-performance[2]. The ſame may be ſaid of goods diſtreined for rent, or other cauſe of diſtreſs: which are in the nature of a pledge, and are not, at the firſt taking, the abſolute property of either the diſtreinor, or party diſtreined; but may be redeemed, or elſe forfeited, by the ſubſequent conduct of the latter. But a ſervant, who hath the care of his maſter's goods or chattels, as a butler of plate, a ſhepherd of ſheep, and the like, hath not any property or poſſeſſion either abſolute or qualified, but only a mere charge or overſight[3].
Having thus conſidered the ſeveral diviſions of property in poſſeſſion, which ſubſiſts there only, where a man hath both the right and alio the occupation of the thing; we will proceed next to take a ſhort view of the nature of property in action, or ſuch where a man hath not the occupation, but merely a bare right to occupy the thing in queſtion; the poſſeſſion whereof may however be recovered by a ſuit or action at law: from whence
