of his own concerns. 3. Great or extraordinary care, which is the degree of care that a man remarkably exact and thoughtful gives to his own property. It is apparent that the degree of care required measures inversely the degree of negligence for which the bailee will be responsible. Thus, if slight care is required, he will only be liable for gross negligence. If ordinary care is required, he will be liable for ordinary negligence, and if great care is required he will be liable for slight negligence.

331. General Rule as to Care.-It will be noticed that some bailments are, from their nature, solely for the benefit of the bailor. In like manner some exist solely for the benefit of the bailee, while in other cases they are for the benefit of both. If the bailment is for the benefit of the bailee, he must take great care, and is liable for slight negligence. If it is for the benefit of the bailor, the bailee must take slight care, and is liable for gross negligence. And if for the benefit of both parties, then ordinary care is required, and the bailee is liable for ordinary negligence.

332. Definition.-Deposit is a delivery of goods and chattels to another, to be kept and returned without recompense. A distinction should be drawn between the ordinary case of deposit in a bank, subject to check, and deposit as here defined. That is not a bailment, but a case of debit and credit. It is not expected that the identical money will be returned. Here the same property must be returned.

333. Liability. As the keeping is gratuitous, it is solely for the benefit of the bailor, and the bailee is liable only for gross negligence. The question of what is gross negligence, it will be readily seen, must depend upon a variety of circumstances, such as the nature and quality of the goods, and the character and custom of the place. What would be ordinary care in case of one class of goods, would be gross negligence in case of another.

A being about to start on a journey, and intending to be abroad some time, puts his valuables, including his household plate, in the hands of B for safe keeping. This is a case of deposit, and B, if he would avoid liability, must take at least slight care. But slight care in case of articles of this kind may be better than great care in case of something less valuable.

334. Duty of Bailee.-The bailee is bound to deliver the thing as it was, and with all its increase or profit. But it is sufficient if he delivers or tenders it at his own residence or place of business. No one is obliged to become a bailee against his will, hence if he find a chattel he does not have to take possession of it, but if he does take possession of it, he is liable to the owner as a bailee for deposit.

A, for reasons of his own, desired B to see a valuable picture owned by C. He borrowed the picture of C and sent it by a son of B's, who placed it on a mantel in his father's house. The picture was there much injured by the fire. C brought an action against B for the damage to the picture, but it was decided that B could not be made a bailee without his consent.

335. Use of the Deposit.-As a rule the bailee is not permitted to use the deposit. An understanding, however, that he is to use it. may exist between the parties. Thus there are cases when the moderate use of the deposit would be for its advantage.

336. Right of Bailor.-The bailor may demand the return of his property at any time, but he cannot maintain an action against the bailee until he makes a demand for its return, and it has been refused.

337. Rights of Bailee.-While it is true that deposit is a gratuitous bailment, yet the bailee is entitled to be repaid for any legitimate expense to which he may have been put for the preservation of the deposit. He is not, however, entitled to any compensation for his own services. The bailee may terminate the bailment at any time by giving the bailor notice, and a reasonable time in which to remove the deposit.

COMMISSION.

338. Definition.-Commission is that class of bailment in which the bailee undertakes gratuitously to do something for the bailor in reference to the thing bailed. In deposit the principal thing was the keeping, but in commission it is the work to be done. A clear distinction should be drawn between this class of bailment and the ordinary sale of goods on commission. This is gratuitous while that is undertaken for a consideration.

A owed a note due at a bank in a distant city. B, going there, was given by A an important letter to deliver, and the money to pay the note, but he neglected both to deliver the letter and to pay the note. He was held liable for his failure to complete the service. This is a case of commission.

339. Compensation. It will be noticed that commission is a gratuitous undertaking, and it may be suggested to some that for this reason such a contract cannot be enforced. But it is held that if the bailee accepts the property and the trust, and enters upon the execution of his agency, he is liable for malfeasance. It is true that he may derive no advantage whatever from the bailment, but it is sufficient if the bailor may suffer damage in consequence of the bailee's failure to complete the trust. The consideration is the delivery of the goods by the bailor.

340. Liability of Bailee. -Commission being a bailment for the benefit of the bailor, the bailee is required to take slight care, and is only liable for gross negligence. If the bailee does not enter upon his trust he is not liable for his failure, but if he attempt to perform a service for another, even though it be gratuitous, he will be liable unless he has used proper care and skill..

A and B were farmers. B learning that A was going to town the following day, gave him a sum of money with which to buy a watch. During the night thieves broke in and stole from A both his own money and also B's. Would A be liable for B's loss? What determines A's liability?

341. When Skill Is Required. The degree of skill a bailee is required to bring to bear in the execution of a trust of this nature, depends upon the circumstances of the case and the intention of the parties. It depends somewhat upon his occupation or profession, and the nature of the services to be performed. Should a professional trainer offer to train gratuitously a horse for a coming race, he would be held to a greater degree of skill than would a non-professional.

342. Bailee's Interest.-As in deposit, while the bailee is to perform services without consideration, yet if he has been to any necessary expense for the preservation of the things bailed, or for the accomplishment of the object of the trust, he is entitled to reimbursement, and has a lien upon the property until paid.

343. Bailee's Duties. It is the duty of the bailee to return the thing itself to the bailor, together with all the increase or profits thereof. In the case of animals, their young must be returned with them. It is also the duty of the bailee to render an account of his execution of the trust when called upon by the bailor to do so.

CHAPTER XXX.

GRATUITOUS LOANS.

344. Definition.-This is a delivery of goods to another, to be used by him without recompense to the lender. It includes all cases of borrowing the goods of another without compensation. The benefit is all on the side of the borrower or bailee.

345. Compensation.-This class of bailment must be gratuitous, for if there be a compensation for the use of the thing it is then & bailment for hire, and hence for the benefit of both parties.

346. Diligence Required.—As might be inferred from the general rule already laid down, the borrower is required to use great care, and is liable for the slightest negligence. This rule is rigidly enforced, for it is deemed that the least the borrower can do is to use his utmost endeavor to preserve the thing borrowed. It must not, however, be inferred that he actually insures the safety of the goods.

347. Use of Thing Borrowed.-The borrower is confined strictly to the use for which the thing was loaned whether this use be actually agreed upon or was a matter of implication. So strict is the rule of law in this regard that it has been held that if a horse was loaned to ride to a certain place, the borrower would have no right to ride him elsewhere in another direction, even though it may not be so far and he may travel over a better road. If the borrower does so change his destination, he becomes absolutely liable for the animal's safety. If the thing was loaned for a certain time, he may use it for that time, but has no right to retain it longer.

348. A Personal Use.-A gratuitous loan is considered a strictly personal trust, unless from the circumstances a different intention can be fairly inferred. This being the case, the borrower has no right to relend the thing. Thus, if A lends his horse to B, B will not be justified in relending it to C, for while A might be perfectly

willing to lend his horse to B, in whom he has especial confidence, yet he might not be willing to trust him into the hands of C.

349. Liability of Borrower.-If the borrower is put to any expense in reference to the thing borrowed, he will, as a rule, be obliged to pay it. He is liable for the keep of an animal he may borrow, and for any repairs on a borrowed machine, occasioned by his use of it. He is not liable for inevitable accidents that could not be foreseen or guarded against. But in such cases there must be no trace of fault on his part, for if by his acts or his lack of caution he seems to have courted danger, he will be responsible.

A borrowed a valuable violin from B. Some time after, the violin was stolen from A's house. In a trial for the recovery of the value of the violin it appeared that A left the instrument in his home, that all the doors were securely locked, but that the thief forced open the door and took the violin, together with other goods belonging to A. A was held not liable.

350. Liabilities of Lender.-It has been decided that the lender is liable to the borrower for any mischief arising directly from the unsafe condition of the thing borrowed, if this fact be known to the lender and not communicated to the borrower. The lender must not interfere with the borrower's use and enjoyment of the thing borrowed, during the time for which the loan was made. For this period the borrower has a certain property in the thing borrowed, to the exclusion of the owner.

351. Return of Property.-The borrower should return the property at the end of the period for which the loan was made. He must return all profits and increase of the borrowed property. If he does not make a proper return of the property he is liable even for accidents that may befall it.

PLEDGE.

352. Definition.-This is a delivery of goods by a debtor to his creditor to be kept as a security till a certain debt or obligation be discharged. It is for the benefit of both parties, for while the bailee (pledgee) obtains security for his loan, the bailor (pledgeor) is enabled to obtain credit or other indulgence.

353. What may be Pledged.-As a rule anything may be pledged that can be sold or that may be assigned (sec. 133). This includes almost all kinds of personal property, except as noted. Articles that fall within the statute of exemptions may be pledged.