Blacks Law Dict. 1st ed

115

BAIL1VIA

BAITING ANIMALS

Bailment is a word of French origia, significant of the curtailed transfer, the delivery or mere banding over, which is appropriate to the transac tion. 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. 6 Thomp. & C. 29; 3 Hun, 550. Sir William Jones has divided bailments into five sorts, namely: Depositum, or de posit; mandatum, or commission without recompense; commodatum, or loan for use without pay; pignori acceptum, or pawn; locatum, or hiring, which is always with re ward. This last is subdivided into locatio rei, or hiring, by which the hirer gains a temporary use of the thing; locatio opeiis fadendi, when something is to be done to 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 reL Where goods are lent to the bailee to be used by him for hire. (4) Vadium. Pawn or pledge. (5) Locatio operis fadendi. 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 some body who is to carry them, or do something about them, gratis. 2 Ld. Raym. 909. Another division, suggested by Bouvier, is as fol lows: 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. BAILOR. The party who bails or deliv ers goods to another, in the contract of bail ment. 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. BAIRN'S. 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. Chil dren's part; a third part of the defunct's free movables, debts deducted, if the wife sur vive, and a half if there be no relict. BAITING ANIMALS. In English law. Procuring them to be worried by dogs. PUB

lord (generally by an authority under seal) to superintend the manor, collect fines, and quit rents, inspect the buildings, order re pairs, cut down trees, impound cattle tres passing, take an account of wastes, spoils, and misdemeanors in the woods and de mesne lands, and do other acts for the lord's interest. Cowell. BAILIVIA. In old law. A bailiff's ju risdiction, a bailiwick; the same as bailium. Spelman. See BAILIWICK. In old English law. A liberty, or ex clusive jurisdiction, which was exempted from the sheriff of the county, and over which the lord of the liberty appointed a bailiff with such powers within his precinct as an under-sheriff exercised under the sheriff of the county. Whishaw. BAILIWICK. The territorial jurisdic tion of a sheriff or bailiff. 1 Bl. Comm. 344. BAILLEUR DE FONDS. In Canadian law. The unpaid vendor of real estate. BAILLI. In old 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 per form the trust and carry out such object, and thereupon either to redeiiver the goods to the bailor or otherwise dispose ot the same in conformity with the purpose of the trust. See Code Ga. 1882, § 2058. A delivery of goods in trust upon a contract, ex pressed or implied, thai the trust shall be faith fully executed on the part of the bailee. 2 Bl. Comm. 455. Bailment, from the French battler, to deliver, is a delivery of goods for some purpose, upon a con tract, 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 re claims them. 2 Bteph. Comm. SO. A delivery of goods in trust upon a contract, ex pressed or implied, that the trust shall be duly executed, and the goods restored by the bailee as toon as the purposes of the bailment shall be an swered. 2 Kent, Comm. 559. Bailment is a delivery of a thing in trust for some special object or purpose, and upon a con tract, 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.

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