debtor fhall not be entitled to the value of his pawn*; and that, if the pledgee use the thing pledged, he shall pay the value of it to the pledgor in cafe of its lofs or damage, whilst he uses itt.

In the fame manner, if a perfon hire a thing for ufe, or if any metal be delivered to a workman, for the purpose of making veffels or ornaments, the bailees are holden to be difcharged, if the thing bailed be deftroyed or spoiled by natural misfortune or the injuftice of the ruling power, UNLESS it be kept after the time limited for the return of the goods, or the performance of the workt.

All these provisions are confonant to the principles established in this effay; and I cannot help thinking, that a clear and concise treatise, written in the Perfian or Arabian language, on the law of Contracts, and evincing the general conformity between the Afiatick and European fyftems, would contribute, as much as any regulation whatever, to bring our English law into good odour among thofe, whose fate it is to be under our dominion, and whofe happiness ought to be a serious and continual object of our

care.

Chap. I. Sect. I.

+ Chap. I. Sect. II.

Before, p. 415 416.
Before, p. 409.

Chap. IV. and Chap. X. Before, p. 418, 421,

Thus have I proved, agreeably to my undertaking, that the plain elements of natural law, on the fubject of BAILMENTS, which have been traced by a fhort analysis, are recognised and confirmed by the wisdom of nations*; and I haften 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, and none in fubftance: it was at first my design, to subjoin, with a few alterations, the Synopfis of DELRIO; but finding, that, as BYNKERSHOEK expreffes himfelf with an honest pride, I had leisure fometimes 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, obferving 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 truft, on a contract expreffed or implied, that the truft shall be duly executed, and the goods redelivered, as foon as the time or ufe, for which they were bailed, fhall bave elapfed or be performed.

2. DEPOSIT is a bailment of goods to be kept for the bailor without a recompenfe.

Before, p. 328 and 337.

3. MANDATE is a bailment of goods, without reward, to be carried from place to place, or to have fome 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 difcharged.

6. LETTING TO HIRE is 1. a bailment of a THING to be used by the hirer for a compenfation 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 recompenfe; or, 3. of CARE and PAINS in carrying the things delivered from one place to another for a stipulated or implied reward.

$7. INNOMINATE BAILMENTS are those, where the compenfation for the use of a thing, or for labour and attention, is not pecuniary, but either 1. the reciprocal ufe or the gift of fome other thing; or, 2. work and pains, reciprocally undertaken; or, 3. the use or gift of another thing in confideration of care and labour, and converfely.

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 foever, takes of his own property.

10. SLIGHT neglect is the omission of that diligence, which very circumspect and thoughtful perfons use in fecuring their own goods and chattels.

II. A NAKED CONTRACT is a contract made without confideration or recompense.

II. The rules, which may be confidered as axioms flowing from natural reason, good morals, and found policy, are these:

1. A bailee, who derives no benefit from his undertaking, is refponfible only for GROSS neglect.

2. A bailee, who alone receives benefit from the bailment, is refponfible for SLIGHT glect.

3. When the bailment is beneficial to both parties, the bailee muft anfwer for ORDINARY neglect.

4. A SPECIAL AGREEMENT of any bailee to anfwer for more or lefs, is in general valid. 5. ALL bailees are anfwerable for actual FRAUD, even though the contrary be ftipulated.

6. No bailee fhall be charged for a lofs by

inevitable ACCIDENT or irrefiftible FORCE, except by Special agreement.

7. ROBBERY by force is confidered as irrefiftible; but a lofs by private STEALTH is prefumptive evidence of ordinary neglect.

8. GROSS neglect is a violation of good faith. NO ACTION lies to compel performance of a naked contract.

9.

10. A reparation may be obtained by fuit for every DAMAGE occafioned by an INJURY.

11. The negligence of a SERVANT, acting by his mafter's express or implied order, is the negligence of the MASTER.

III. From these rules the following propofitions are evidently deducible:

1. A DEPOSITARY is refponfible only for GROSS neglect; or, in other words, for a violation of good faith.

2. A DEPOSITARY, whofe character is known to his depofitor, fhall not anfwer for mere neglect, if he take no better care of his own goods, and they also be spoiled or destroyed.

3. A MANDATARY to carry is refponsible only for CROSS neglect, or a breach of good faith.

4. A MANDATARY to perform a work is bound to use a degree of diligence adequate to the performance of it.

5. A man cannot be compelled by ACTION