페이지 이미지
PDF
ePub

member of his family, to ride the horse. C rides with care, but the horse accidentally falls and is injured. B is liable to make compensation to A for the injury done to the horse.

(6) A hires a horse in Calcutta from B expressly to march to Benares. A rides with due care, but marches to Cuttack instead. The horse accidentally falls and is injured. A is liable to make compensation to B for the injury to the horse.

155. If the bailee, with the consent of the bailor, mixes the Mixture,

with goods of the bailor with his own goods, the bailor and the

bailor's bailee shall have an interest, in proportion to their respective consent,

of his goods shares, in the mixture thus produced.

with

bailee's. 156. If the bailee, without the consent of the bailor, mixes Mixture,

without the goods of the bailor with his own goods, and the goods can

his consent, be separated or divided, the property in the goods remains in when goods the parties respectively; but the bailee is bound to bear the

separated. expense of separation or division, and any damage arising from the mixture.

Illustration. A bails 100 bales of cotton marked with a particular mark to B. B, without A's consent, mixes the 100 bales with other bales of his own, bearing a different mark : A is entitled to have his 100 bales returned, and B is bound to bear all the expense incurred in the separation of the bales, and any other incidental damage.

can be

cannot be

[ocr errors]

157. If the bailee, without the consent of the bailor, mixes Mixture,

without his the goods of the bailor with his own goods, in such a manner

consent, that it is impossible to separate the goods bailed from the other when goods goods, and deliver them back, the bailor is entitled to be com- separated. pensated by the bailee for the loss of the goods 1.

Illustration. A bails a barrel of Cape flour worth Rs. 45 to B. B, without A's consent, mixes the flour with country flour of his own, worth only Rs. 25 a barrel. B must compensate A for the loss of his flour.

158. Where, by the conditions of the bailment, the goods Repay

ment by are to be kept or to be carried, or to have work done upon bailor of them by the bailee for the bailor, and the bailee is to re- necessary

expenses.

"Or the bailor may take an interest in the mixture, in proportion to his

sbare, sec. 155

[ocr errors]

ceive no remuneration, the bailor shall repay to the bailee the necessaryl expenses incurred by him for the purpose of

the bailment. Restora- 159. The lender of a thing for use may at any time require tion of goods its return, if the loan was gratuitous, even though he lent it bailed gra- for a specified time or purpose. But if, on the faith of such tuitously.

loan made for a specified time or purpose, the borrower has acted in such a manner that the return of the thing lent before the time agreed upon would cause him loss exceeding the benefit actually derived by him from the loan, the lender must, if he compels the return, indemnify the borrower for the amount in which the loss so occasioned exceeds the benefit so derived 2

Return 160. It is the duty of the bailee to return, or deliver acof goods bailed, on cording to the bailor's directions, the goods bailed, without expiration demand, as soon as the time for which they were bailed has of time or accomplish- expired, or the purpose for which they were bailed has been ment of

accomplished 3. purpose. Bailee's re- 161. If, by the fault of the bailee, the goods are not responsibility when goods turned, delivered or tendered at the proper time, he is responnot duly de- sible to the bailor for any loss, destruction or deterioration of livered.

the goods from that time 4.

Death ends 162. A gratuitous bailment 5 is terminated by the death gratuitous

either of the bailor or of the bailee 6. bailment.

Bailor en- 163. In the absence of any contract to the contrary, the
titled to
profit from bailee is bound to deliver to the bailor, or according to his
goods directions, any increase or profit which may have accrued from
bailed.
the goods bailed.

Illustration.
A leaves a cow in the custody of B to be taken care of. The

* Compare sec. 70. “Necessary' would probably be construed to mean ' reasonable.'

2 Story, Bailments, sec. 238.

3 This section must be read with secs. 24, 152, and 170. As to suits against bailees, see Act XV of 1877.

* Asto whether this section applies to common carriers, see 10 Cal. 213.

sa mandate, deposit, or gratuitous loan,

But where there are joint bailors or joint-bailees and one of them dies, sec. 42 would seem to apply.

cow has a calf. cow to A.

B is bound to deliver the calf as well as the

164. The bailor is responsible to the bailee for any loss Bailor's rewhich the bailee may sustain by reason that the bailor was

sponsibility

to bailee. not entitled to make the bailment, or to receive back the goods, or to give directions respecting them. 165. If several joint owners of goods bail them, the bailee Bailment

by several may deliver them back to, or according to the directions of,

joint one joint owner without the consent of all, in the absence of owners. any agreement to the contrary 1. 166. If the bailor has no title to the goods, and the bailee, Re-delivery

to bailor in good faith, delivers them back to, or according to the direc

without tions of, the bailor, the bailee is not responsible to the owner title. in respect of such delivery?.

167. If a person, other than the bailor, claims goods bailed, Third he may apply to the Court 3 to stop the delivery of the goods

person

claiming to the bailor, and to decide the title to the goods 4.

goods

bailed. 168. The finder of goods has no right to sue the owner for Right of

finder of compensation for trouble and expense voluntarily incurred by goods. him to preserve the goods and to find out the owner ; but he may retain the goods against the owner until he receives such compensation ; and where the owner has offered a specific reward for the return of goods lost, the finder may sue for such reward, and may retain the goods until he receives it 5.

169. When a thing which is commonly the subject of sale when is lost, if the owner cannot with reasonable diligence be found, finder of or if he refuses, upon demand, to pay the lawful charges of the monly on

sale may finder, the finder may sell it

sell it. (1) when the thing is in danger of perishing or of losing the greater part of its value, or,

(2) when the lawful charges of the finder, in respect of the thing found, amount to two-thirds of its value.

3

1 Here the Act differs from the by suit against the bailorand bailee. Civil Law, the English law (May · Ånd the bailee himself may inv. Harrey, 13 East, 197), the Hindu stitute an interpleader suit under the law, and the Muhammadan law. Code of Civil Procedure, c. xxxiii.

? See the Evidence Act, sec. 117. 5 Story on Bailments, sec. 121 a. VOL. I.

SS

Bailee's 170. Where the bailee has, in accordance with the purpose particular lien,

of the bailment, rendered any service involving the exercise of labour or skill in respect of the goods bailed, he has, in the absence of a contract to the contrary, a right to retain such goods until he receives due remuneration for the services he has rendered in respect of them ?.

Illustrations. (a) A delivers a rough diamond to B, a jeweller, to be cut and polished, which is accordingly done. B is entitled to retain the stone till he is paid for the services he has rendered.

(6) A gives cloth to B, a tailor, to make into a coat. B promises A to deliver the coat as soon as it is finished, and to give & three months' credit for the price. B is not entitled to retain the coat

until he is paid. General 171, Bankers, factors, wharfingers 3, attorneys of a High lien of bankers,

Court 4, and policy-brokers may, in the absence of a contract factors, to the contrary, retain as a security for a general balance of wharfingers, account, any goods 5 bailed to them ®; but no other persons attorneys, have a right to retain, as a security for such balance, goods and policy brokers. bailed to them, unless there is an express contract to that

effect?

5

BAILMENT OF PLEDGES.

*Pledge,

172. The bailment of goods as security for payment of a pawnor, debt or performance of a promise is called 'pledge.' The pawnee' defined. bailor is in this case called the pawnor.' The bailee is called

the 'pawnee.'

1 This excludes bailments for mere custody, as, for example, where A receives B's cattle to graze. 2 But see 6 All. 139.

Where a person does work under an entire con. tract with reference to goods delivered at different times, such as to establish a lien, he is entitled to that lien on all goods dealt with under that contract, 8 Cal. 312, following Chase v, Westinore, 3 M. & S. 18o.

Of course if the bailee once parts with the possession of the goods he loses his lien.

3 Owners of a screwhouse, who have a wharf as an accessory, are not wharfingers, 8 Cal. 315.

• This does not give attorneys an absolute lien : it must be read with the saving in sec. 1, of the usages

and customs of trade, 6 Cal. 5; 4 Boin. 353 (lien on translations). As to their charging-lien on e tates recovered or reserved by suit, see 10 Bom, 248.

s of the bailor, it is to be supposed.

6 in their respective capacities, as such bankers, factors, etc.?

As to the lien of salvors, see 6 N. W.P. 30. That a mere letter of Loats for hire has not a lien for his hire upon goods placed in the boats, see 5 N. W. P. 160.

retainer.

a

not to retain

other than

to extra

expenses.

173. The pawnee may retain the goods pledged, not only Pawnee's for payment of the debt or the performance of the promise,

right of but for the interest of the debt, and all necessary expenses incurred by him in respect of the possession or for the preservation of the goods pledged.

174. The pawnee shall not, in the absence of a contract to Pawnee that effect, retain the goods pledged for any debt or promise other than the debt or promise for which they are pledged ; for debt but such contract, in the absence of anything to the contrary, that for shall be presumed in regard to subsequent advances made by which

goods the pawnee 1.

pledged. 175. The pawnee is entitled to receive from the pawnor His right extraordinary expenses 2 incurred by him for the preservation 2

ordinary of the goods pledged 3. 176. If the pawnor makes default in payment of the debt 4,

right where or performance, at the stipulated time, of the promise, in respect of which the goods were pledged, the pawnee may bring makes

default. a suit against the pawnor upon the debt or promise, and retain the goods pledged as a collateral security; or he may sell the thing pledged, on giving the pawnor reasonable notice of the sale 5.

If the proceeds of such sale are less than the amount due in respect of the debt or promise, the pawnor is still liable to pay the balance. If the proceeds of the sale are greater than the amount so due, the pawnee shall pay over the surplus to the pawnor.

177. If a time is stipulated for the payment of the debt, or Defaulting performance of the promise, for which the pledge is made, and pawnor's

right to the pawnor makes default in payment of the debt or perform- redeein, ance of the promise at the stipulated time, he may redeem

His

pawnor

[ocr errors][merged small]

Story, Eq. Jur., ii. sec. 1034.

e.g. the cost of curing a pawned horse which meets with an injury by accident.

5 And the Act does not forbid the pawnee to buy at the sale the thing pledged.

or, apparently, if he die before the sale, his representatives ; Story, Bailments, sec. 348. So if the pawnee die before redemption the pawnor may redeem against his representa. tives.

: For ordinary expenses so incurred he has his lien under sec. 173, and perhaps a suit under sec. 70.

* This probably means the principal debt and the interest (if any) due

thereon.

« 이전계속 »