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Of Lending and Restoring.
IF Mony, Corn, Wine, or such other things, which cannot be redelivered, be occu∣pied or borrowed, if it perish, it is at the peril of the borrower.
But if a Horse, or a Cart, or such other things, as may be used, and delivered again, be used in such manner as they were lent, if they perish, he that oweth them shall bear the loss, if they perish not through the de∣fault
of him that did borrow them, or that he did make a promise at the time of delivery, to redeliver them safe againe. If they be occu∣pied in any other wise then according to the lending, in what wise soever it perish; if it be not in default of the owner, he that did borrow them, shall be charged with them in Law and Conscience.
If a man have goods to keep to a certain day, he shall be charged, or not charged af∣ter as default or defaults is in him.
But if he have any thing for keeping them safe, or make promise to redeliver them, he shall be charged with all chances that may fall because of his promise.
If a man finde goods of another mans, if they be hurt or lost by the negligence of him that found them he shall be charged to the owner.
If a common carrier go by waies that be dangerous for robbing, and will drive by night, or other unfit times, and is robbed; or if he do overcharge his Horse, or driveth so that his stuff fall into the Water, or other∣wise be hurt by his default, he shall be char∣ged by his default.
And if a Carrier would percase refuse to carry, unless a promise were to him, that he shall not be charged with any such misde∣meanour, that promise were void.
Every Inholder is bound by the Law, bona & Cattalla of his Guest to keep in safety, so long as it is within the Inn, if the Guest did not deliver them unto him, nor acquaint him with them.
He shall not be charged if the Servant or Companion of the Guest do imbezel them; or if the Guest do leave them in the outward Court.
The Offler shall not answer for the Horse that is put to pasture at the request of the Guest: but if he do it of his own head, he shal.
If any man offer to take away my Goods, I may lay my hands upon them, and rather beat him, then suffer him to take or carry them away.