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 4 for the injury done to the horse. (b) 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. with 155. If the bailee, with the consent of the bailor, mixes the Mixture, 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, shares, in the mixture thus produced. of his goods with bailee's. without 156. If the bailee, without the consent of the bailor, mixes Mixture, 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 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 separated. without his consent, 157. If the bailee, without the consent of the bailor, mixes Mixture, the goods of the bailor with his own goods, in such a manner 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. cannot be ment by 158. Where, by the conditions of the bailment, the goods Repayare 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 Or the bailor may take an interest in the mixture, in proportion to his share, sec. 155. expenses. Restoration of goods tuitously. ceive no remuneration, the bailor shall repay to the bailee the necessary expenses incurred by him for the purpose of the bailment. 159. The lender of a thing for use may at any time require 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 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 of goods 160. It is the duty of the bailee to return, or deliver acbailed, 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 purpose. accomplished 3. 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 the goods from that time 4. livered. Death ends gratuitous bailment. Bailor en titled to 5 162. A gratuitous bailment is terminated by the death either of the bailor or of the bailee ". 163. In the absence of any contract to the contrary, the profit from bailee is bound to deliver to the bailor, or according to his directions, any increase or profit which may have accrued from the goods bailed. goods bailed. Illustration. A leaves a cow in the custody of B to be taken care of. The cow has a calf. B is bound to deliver the calf as well as the cow to A. 164. The bailor is responsible to the bailee for any loss Bailor's responsibility which the bailee may sustain by reason that the bailor was 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 may deliver them back to, or according to the directions of, by several joint one joint owner without the consent of all, in the absence of owners. any agreement to the contrary 1. 2 without 166. If the bailor has no title to the goods, and the bailee, Re-delivery in good faith, delivers them back to, or according to the direc- to bailor tions of, the bailor, the bailee is not responsible to the owner title. in respect of such delivery 2. 167. If a person, other than the bailor, claims goods bailed, Third he may apply to the Court to stop the delivery of the goods to the bailor, and to decide the title to the goods *. person claiming goods bailed. finder of 168. The finder of goods has no right to sue the owner for Right 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. thing com 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 finder, the finder may 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. monly on sale may sell it. Bailee's particular lien. General lien of bankers, factors, wharf 170. Where the bailee has, in accordance with the purpose of the bailment, rendered any service involving the exercise of labour or skill in respect of the goods bailed 1, 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 2. 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. (b) 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 a three months' credit for the price. B is not entitled to retain the coat until he is paid. 171. Bankers, factors, wharfingers 3, attorneys of a High Court, and policy-brokers may, in the absence of a contract to the contrary, retain as a security for a general balance of ingers, account, any goods 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 7. 'Pledge,' BAILMENT OF PLEDGES. 172. The bailment of goods as security for payment of a pawnor, debt or performance of a promise is called 'pledge.' The bailor is in this case called the 'pawnor.' The bailee is called the 'pawnee.' 'pawnee' defined. 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 contract 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. Westmore, 3 M. & S. 180. 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 Bom. 353 (lien on translations). As to their charging-lien on estates recovered or reserved by suit, see 10 Bom. 248. 5 of the bailor, it is to be supposed. in their respective capacities, as such bankers, factors, etc.? 7 As to the lien of salvors, see 6 N. W.P. 311. That a mere letter of boats for hire has not a lien for his hire upon goods placed in the boats, see 5 N. W. P. 160. retainer. 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. not to retain other than 174. The pawnee shall not, in the absence of a contract to Pawnee that effect, retain the goods pledged for any debt or promise o 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 the pawnee 1. goods pledged. to extra 175. The pawnee is entitled to receive from the pawnor His right extraordinary expenses 2 incurred by him for the preservation ordinary of the goods pledged 3. expenses. right where default. 176. If the pawnor makes default in payment of the debt, His or performance, at the stipulated time, of the promise, in re- pawnor spect of which the goods were pledged, the pawnee may bring makes 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. right to 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 pawnor makes default in payment of the debt or perform- redeen. ance of the promise at the stipulated time, he may redeem the |