cise treatise, written in the Persian or Arabian language, on the law of Contracts, and evincing the general conformity between the Asiatic and European systems, would contribute, as much as any regulation whatever, to bring our English law into good odour among those whose fate it is to be under our dominion, and whose happiness ought to be a serious and continual object of our care. Thus have I proved, agreeably to my undertaking, that the plain elements of natural law, on the subject of BAILMENTS, [117] which have been traced by a short analysis, are recognised and confirmed by the wisdom of nations [g]; and I hasten to the third, or synthetical, part of my work, in which from the nature of it, most of the definitions and rules already given must be repeated with little variation in form, [g] Before, p. 4 and 11. and III. The Definitions. and none in substance: it was at first my design to subjoin, with a few alterations, the Synopsis of DELRIO; but finding that, as Bynkershoek expresses himself with an honest pride, I had leisure sometimes to write, but never to copy, and thinking it unjust to embellish any production of mine with the inventions of another, I changed my plan; and shall barely recapitulate the doctrine expounded in the preceding pages, observing the method which logicians call Synthesis, and in which all sciences ought to be explained. I. To begin then with definitions: 1. BAILMENT is a delivery of goods in trust, on a contract 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. 2. DE 2. DEPOSIT is a bailment of goods to be kept for the bailor without a recompence. 3. MANDATE is a bailment of goods, without reward, to be carried from place to place, or to have some act performed about them. 4. LENDING FOR USE is a bailment of a thing for a certain time to be used by the borrower without paying for it. 5. PLEDGING is a bailment of goods by a debtor to his creditor to be kept till the debt be discharged. 6. LETTING TO HIRE is, 1. a bailment of A THING to be used by the hirer for a compensation in money; or, 2. a letting out of WORK and LABOUR to be done, or CARE and ATTENTION to be bestowed, by the bailee on the goods bailed, and that for a pecuniary recompence; or, 3. of CARE and PAINS in carrying the things delivered from one place to another for a stipulated or implied reward. 7. IN [ 118 ] 7. INNOMINATE BAILMENTS are those where the compensation for the use of a thing, or for labour and attention, is not pecuniary; but either, 1. the reciprocal use or the gift of some other thing; or, 2. work and pains, reciprocally undertaken; or, 3. the use or gift of another thing in consideration of care and labour, and conversely. 8. ORDINARY neglect is the omission of that care which every man of common prudence, and capable of governing a family, takes of his own concerns, 9. GROSS neglect is the want of that care which every man of common sense, how inattentive soever, takes of his own property. 10. SLIGHT neglect is the omission of that diligence which very circumspect and [119] thoughtful persons use in securing their own goods and chattels. 11. A 11. A NAKED CONTRACT is a contract made without consideration or recompence. as II. The rules, which may be considered Rules. axioms flowing from natural reason, good morals, and sound policy, are these: 1. A bailee, who derives no benefit from his undertaking, is responsible only for GROSS neglect. 2. A bailee, who alone receives benefit from the bailment, is responsible for SLIGHT neglect. 3. When the bailment is beneficial to both parties, the bailee must answer for ORDINARY neglect. 4. A SPECIAL AGREEMENT of any bailee to answer for more or less, is in general valid. 5. ALL bailees are answerable for actual FRAUD, even though the contrary be sti pulated. Ll 6. No |