The next kind of bailment enumerated above is that of pledge, but all discussion of this will be found under that title, to which refefence should be made. The fifth and last kind is that called locatum, as where the thing is let on hire, or is bailed for work and labour to be bestowed on it, or to be carried from place to place. This leads to three subdivisions, viz. in the everyday sense of the word ; letting for work, Sic.- and carriage. Leaving carriage for separate consideration, we will now briefly discuss the other two.
Hire.—B' this bailment the hirer obtains a temporary qualified property in the thing hired, and the owner acquires an absolute property in the price of the hiring. It has been said that the hirer of goods is bound to use the utmost diligence ; but it is now fully understood that a hirer is not bound to exercise more than ordinary diligence and care over the thing let to hire, such as a prudent man would use if it were his own. Nor would he be liable if the thing hired were destroyed by an accidental fire. For example, if A. hire a horse, he is bound to ride it as moderately, and feed and treat as well and carefully as any man of discretion would ride, feed, and treat his own horse. If through his negligence or misconduct, as by immoderately riding the horse, or badly feeding it, or treating it as though it were ill, imprudently giving it medicine himself, and not obtaining veterinary assistance, or leaving the door of the stable open at night, any injury or loss should result there from, he will be answerable therefor.
But if A. should hire a carriage and horse, and the owner send with them his coachman, A. is discharged from all attention to the horse, and is only obliged to take care of the inside of the carriage whilst he remains in it. And the hirer's responsibility extends to the negligence of his servants while acting in the course of their employment. So the hirer of a carriage is not liable to the owner for injuries thereto sustained while the hirer's coachman is driving it outside the course of his employment. It is the act of the servant which is the act of the master that involves the latter in a liability therefor. If a house be let verbally, with no other stipulation than for the rent, the tenant is bound to use the same diligence in preserving from injury the fixtures and other portions of the property that every person would use if the house were his own ; in default the tenant would be liable for damage.
For work or care occurs where the bailment is to have labour or care bestowed upon it with reward to the bailee. It does not matter whether the reward be by money or some other advantage to the bailee, whether one that is obviously adequate or the contrary, or one the value of which cannot be readily ascertained. Thus the waterman may give the use of his boat in return for a fixed sum ; a sportsman may lend to another his hunter in exchange for the loan of some dogs ; or Jacob may, as he did in fact, undertake the care of Laban's flocks and herds for'no less reward than the latter's younger daughter, whom he loved so passionately that seven years were in his eyes like a few days; in each case the bailee is equally bound to exercise such a vigilance and care as should be observed by every prudent man with regard to his own property. So acting, the bailee would not be answerable for a theft, unless it could be shown that the bailee had used greater precautions to secure his own property than he used with regard to the property bailed. Thus, a watch was delivered to a watchmaker for repair, who. locked it up in a drawer in the shop. The watch was stolen by a youth who slept in the shop with the sole object of protecting the place from theft ; but the watchmaker had to recoup the owner of the watch, because other watches had been placed in a more secure place.
Rights of action.—In cases of pledge and locatum, where tke property bailed is taken out of the possession of the bailee, only he can take pro ceedings for its recovery ; but in the other kinds of bailments, proceedings may be taken by either the bailor or bailee, but should damages be recovered by either, the other will be deprived of his right to sue. In this connection reference may be made to a recent case where a horse had been sent by its owner to an auctioneer for sale, but with liberty to the auctioneer to use it until sold. While the auctioneer was driving the horse in his own carriage, both horse and carriage sustained damage through the negligence of a tramcar driver. He sued the tramway company, and was allowed damages in respect of the carriage. As to the horse he failed, for it was held that in the absence of negligence on his own part, he was under no liability to his bailor for any injuries sustained to the horse. See CARRIERS; HIRE PURCHASE SYSTEM; INNS AND INNKEEPERS; PAWNBROKERS; WAREHOUSEMAN.