or pledge. Ordinarily, the pledgee has no right to use the property, unless necessary for its preservation. In case the the pledged property is stolen, the pledgee is not liable if he exercised ordinary care. Thus, if banks keep pledged papers as they do other property of like kind, it is sufficient. The pledgee has a special property in the pledged property and may maintain an action of replevin or trespass against anyone who interferes with his right of possession. The pledgor may sell or assign his interest in the pledged property to another, subject to the pledgee's lien. One cannot, of course, pledge property not belonging to him.

cence.

Remedies of pledgee.-The pledgee has no remedy until the pledgor is in default, but after the debt is due, the pledgee has the option to pursue his remedies on the pledge, or to proceed against the pledgor on the original debt, the same as if the contract of pledge had never been made. If he proceeds to sell the property, he must do so in a fair and public manner, in a suitable place and after giving a reasonable notice of the time and place of sale to the pledgor, but such notice may be waived, expressly or impliedly, as by acquiesHe must also usually make a demand before making sale. The pledgee cannot become a purchaser of the property at his own sale, but such a sale is only voidable at the election of the pledgor. If he affims it, the sale becomes valid. Should a pledgee sell otherwise than above stated, he becomes liable for conversion. He cannot retain the property in satisfaction of the debt, for unless the property is sold to satisfy the pledge, he still holds it as pledgee, and must surrender the property on being tendered the amount of the debt with interest and costs, if any. If the proceeds of the sale do not pay the debt, the pledgee may sue for the deficit. If more than the amount due is realized at the sale, the balance should be turned over to the pledgor. If the subject of the pledge is divisible, the pledgee should only sell sufficient to pay the debt.

A creditor who holds notes or other obligations for the payment of money as collateral security, is bound to use reasonable diligence to collect them when due, both before and after the principal debt becomes due, and is responsible for the losses arising from lack of diligence. If he fails to collect the collateral when due, the burden of proof is on him to show that he was diligent. Thus, in a Wisconsin case,

where a fire insurance policy was given as collateral and the insurance company was solvent one month after the claim was adjusted but then failed, the pledgee was held guilty of laches and liable for the loss. If the pledgee refuses to deliver the subject of the pledge to to the pledgor after payment of the debt, a court of equity will enforce a specific delivery thereof, or it may be replevied.

SECTION III.

BAILMENTS FOR THE HIRE OF THINGS.

A contract of hire of things is a bailment whereby the bailor allows the bailee the use of a thing for a consideration. A common illustration of the bailment for the hire of things is the case of contracting for the use of a horse and buggy at a livery stable. The bailee is required to use ordinary care. If there is no consideration, however, it becomes a gratuitous bailment and he must exercise extraordinary care. Thus, one who hires a horse and buggy for use is not responsible for injuries thereto not caused through his negligence. Thus, the mere hitching of a horse near a railroad track is not negligence.

The Bailor.-The bailor must deliver the thing to the other party promptly as agreed, both as to condition and time, or the hirer may refuse it. The bailor must not interfere with the use of the thing during the time it was let; the hirer is entitled to the possession and the beneficial enjoyment of the thing let must not be prevented by the bailor. The owner must usually keep the thing in proper condition for the use for which it was hired, but in case of animals, the hirer must provide and pay for their keep. The bailor impliedly warrants that the thing let is in fit condition for the purpose for which it was hired out, and he will be liable for injuries sustained owing to inherent defects known to him. The hirer. It is the duty of the hirer to use the thing as agreed, to take ordinary care of it while under his control, to return the thing hired upon the termination of the bailment and to make recompense for its use. But if the hirer has used ordinary care in the use of the property, his liability ends and any loss incurred, notwithstanding such care, falls upon the owner. Thus, where horses were hired by an ice company and became uncontrollable and ran into the open

water from where the ice had already been taken and were drowned, the company was not liable for the value of the horses, even though they had not fenced off the part from which the ice had already been cut, as required by the statutes, for the reason that such precautions, had they been taken, would not have prevented the loss. The hirer must use the thing strictly as agreed. Thus, it was held in a Wisconsin case, where one hires his team to another to be used in a certain place and for a certain purpose, and such team was injured while being used in a different place and for a different purpose, such other was responsible for the injury irrespective of his negligence. The hirer of a horse is bound to pay the expense of keeping it, and to ride or drive it moderately and treat it as a man of ordinary discretion would treat it, supply it with suitable food and shelter, and if the horse becomes sick or lame on the journey, it is the hirer's duty to stop using it, and if the animal becomes lame or injured in such reasonable use, the owner and not the hirer must stand the loss. The hirer should restore the thing in as good condition as when received, ordinary wear and tear excepted, unless it has deteriorated from some cause beyond his control. The price may be one previously agreed upon; otherwise the compensation will be what the use was reasonably worth under the circumstances. The hirer is also liable for the negligence of his servants and agents, provided the negligent acts occured while they were in the discharge of their duty, or acting under his directions. By statute, a livery man has a lien for taking care of the animals of another.-See Liens.

SECTION IV.

BAILMENT FOR THE HIRE OF SERVICES.

In this class of bailments the bailor delivers some article to the bailee to have some service performed on it by him for a consideration, as where cloth is left with a tailor to be made into a suit, or shoes with a cobbler for repairs. Being a bailment for hire, ordinary care is required on the part of the bailee, or workman.

Duties of the workman.-It is the duty of the workman to do the work in a workmanlike manner and at the time agreed. He must do the work himself, unless custom or the

agreement allows otherwise. If no time is set, he must do it within a reasonable time. He must use the materials furnished him and must use them properly, and to the best advantage. He must also obey any express instructions given. Thus, where a tailor was told to cut a coat as long as the cloth would allow, he was held liable where he cut it considerably shorter. What amount of skill is required, will depend upon circumstances and the nature of the employment. The law presumes that where a party undertakes for hire to perform a particular act in his trade or employment, that he has the skill necessary to perform such act and he is bound to the exercise of due care and skill in carrying out his contract. When the work to be done requires skill as well as care, and a person professes to have such skill, he must exercise such skill and care as prudent men in the same line of business usually employ. Thus, one who employs an attorney or physician has a right to expect that he possesses and will exercise such skill as is usually possessed and exercised by the ordinary practicing physician or attorney. If the person engaged disclaims to possess any special skill, he will, of course, not be liable, if he exercises ordinary care.

Duty of the bailor.—It is the duty of the bailor, or employer, to pay the workman the agreed price, or what the work is reasonably worth, provided the work was properly done. If the workman has deviated from his instructions and the work has become valueless, the employer need not pay for the services, but on the contrary, can hold the workman for the value of of the materials furnished and wasted. When there is a destruction of property delivered to another for services to be performed upon it, and the destruction occurs before there is a delivery of the finished article, the loss falls on the owner and the workman cannot recover for his services. A workman working on the material of another has a lien thereon for his services. See Liens.

SECTION V.

AGISTORS.

An agistor is a person keep, for a compensation.

who takes domestic animals to It is a bailment for the benefit of both parties. He must use ordinary and reasonable care, but is not an insurer. He is liable only for injury sustained

through his carelessness, but not for the carelessness or wantonness of others, unless they are his agents or servants. Thus, he would be liable if he put cattle together with others having a contagious disease, which act was known to him, and resulted in damage by death. He must also keep up good fences and must not put animals into pastures containing dangerous places. An agistor will be liable only for damages done by one animal to others of the same kind if he knowledge of the vicious disposition of one or any of them, but where a bull killed a colt, the agister was held liable although he did not know that the bull was vicious or dangerous. Being a custodian of the animals, he can bring an action against any one interfering with his possession. At common law he has no lien for his services, but the statutes in Wisconsion give him a lien on the animals therefor. -See Liens.

SECTION VI.

WAREHOUSES AND WAREHOUSEMEN.

A warehouse is a building in which propersy is customarily stored for hire. The matter of warehouses has recently been covered by statutes in this state, which will be given after a few explanatory statements.

A warehouseman is a bailee for hire and as such must use ordinary care. He must furnish a building which is reasonably safe and fit for storage purposes. Thus, he is not responsible for damage to property by rats or vermine, if he was in the exercise of ordinary care. The liability of a warehouseman begins when the goods have been delivered to him and accepted by him, either expressly or by implication. After a carrier has completed his contract of carriage, he usually stores the goods for the consignee either in his own warehouse or that of another. His liability as a carrier ceases and that of warehouseman begins after the goods are ready for delivery and the consignee has had a reasonable time to call for them and take them away, but the extent of such reasonable time is not to be measured by any peculiar circumstances in the situation of the cousignee, rendering it necessary that he have a longer time than would be required if he dealt in the vicinity of the depot. (See Common Carriers of Goods) The liabillity ends on the delivery of the goods to the person to whom they belong. The warehouse