Bailment

^ 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.' 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 purpose of the bailment shall be answered.'" A delivery of a thing in trust for some special object or purpose, and upon a contract, expressed or implied, to conform to the object or purpose of the trust.^l When the identical thing delivered, though in an altered form, is to be restored, the contract is a " bailment," and the title to the property is not changed. But when there is no obligation to restore the specific article, and the receiver is at liberty to return another Reese v. United States, 9 id. 21 (1869), Field, J.; 3 Bl. Com. 290-92. As to rights of sureties generally, see 1 Ifans. Law J. 211-14 (188.5), oases. 1 The -iff is from the A. S. reeve, officer, steward,— 1 Bl. Com. 116. O. F. bailler, to keep in custody,

— Skeat. See Bail, 2; Eeeve. = Coke, Litt. 163 b. ' 1 Bl. Com. 427. •■ See Coke, Litt. 172 a; 4 Watts, 432; 22 Ga. 161; 44 Barb. 463; 1 Story, Eq. § 446. s 1 Bl. Com. 345. "F. fio Sitc, government; bat'l Jer, to have custody of; A. S. wic, dwelling, station, jurisdiction. ' 1 Bl. Com, 344; 2 id. 37. 8 P. bailler, to deliver. » 2 Bl. Com. 451, 395. thing of equal value, the title to the property being changed, the contract is a "sale," ' q. v. Bail, V. To deliver a thing to a person upon his engaging to do something to or with it, and then either to return or to account for it. Bailee. He who thus recel Yes a thing bailed. Bailor. He who thus delivers a thing as bailed. The purpose of the law of bailments is to ascertain, whenever the loss of or injury to a thing occurs, to what degree of care the bailee was bound and of what degree of negligence he has been guilty. ^ Three kinds of bailments are recognized: That in which the trust is for the benefit — of the bailor, of the bailee, or of both bailor and bailee. In cases of the first kind, at least slight care is required; in cases of the second kind, great care; in cases of the third kind, ordinary care. The absence of the required degree of care constitutes negligence, for which the bailee is responsible.' Sir William Jones, following the civil law, proposed, in 1790, this division; Depositum, gratuitous custody; deposit, q. v. Mandaium^ gratuitous feasance; mandate, q. V. Accommodatum (q. v.), or cammodatum, loan for use without pay; accommodation. Fignus^ pledge, q. v. Locatio^ or locatum, hiring,* q. v. See also Loan, 1. Each party has a qualified property (g. v.) in the subject of the bailment and may maintain an action with respect to it.** Presumably, the bailor is entitled to the thing. The bailee is to do what the principal directed — restore the article or account to him for it. He " accounts " when he yields to the paramount right of immediate possession in a third person who Is found to be the true owner." See also Care; Carried; Innkeeper; Larceny; Ees, Pent, etc.