Lavv, or, a discourse thereof in foure bookes. Written in French by Sir Henrie Finch Knight, his Maiesties Serieant at Law. And done into English by the same author.

CHAP. 18.

Of Baylement and Contracts.

TO Chattels personels, Bailement, and Contracts doe belong; Bayle∣ment is a deliuerie of goods in pos∣session, and is either to keep or im∣ploy. To keepe when onely the cu∣stodie is committed to him, and is a simple Baylement or pledge.

A simple Baylement, when he receiueth them to keepe for another: whether it bee * 1.1 for the Baylor to redeliuer him againe: in which case the Bailor may retake them without request: or for a stranger to bayle * 1.2 them ouer to him. In which case, before such bayling ouer, the Bailor may counter∣mand the Bailement, and command the Bailee to deliuer them him againe, & shall haue an account vpon refusall. For in nei∣ther of these cases the propertie is out of the Baylor.

A pledge is when he receiueth them in * 1.3

assurance for another thing had of him at the time. As to take a chayne of gold for monie then deliuered, &c. but not for satis∣fying of a debt he oweth. But the propertie of the pledge remaineth in the owner; For he shall beare it if it be casually lost or bro∣ken: and the other that hath the pledge shall not be attached by it, in asmuch as he is not owner.

The baylement of goods to imploy, is, when the Bailee hath the things them∣selues to vse to anothers profit. As to sell meliori modo quo poterit, &c. Where, if he sel that for xij. l. which is worth 1000. l. and refuse a better prise, the partie hath no re∣medie.

Contract is a mutual agreement for the verie propertie of personall things where the dutie growing vpon it canot be appor∣tioned. As if I sell my owne horse and the horse of I. S. to one for x. l. and I. S. taketh his horse from the vendee, yet the vendee must pay me the whole x. l. Of this kind of contracts are buying and selling, borrow∣ing and lending, and such like, and in all these cases an Action of Debt lieth.

The sale of another mans goods in opē market (we call it market ouert) without Couine or notice whose they are, altereth the propertie if tolle be paid for it.

Hither belong certaine (as it were) con∣tracts in Low, though not arising from the speciall agreement of the parties. As hee that findeth anothers goods is chargeable

by reason of the possessiō to him that right hath: he that receiueth monie to ones vse, or to deliuer ouer to him, is chargeable as a receiuer. He that entreth into land of his owne head, and receiueth the profits of it, or parents that occupieth land purchased by an infant, are chargeable as Bailifes. And if a Liberate be deliuered to the Clarke of the Hamper, who hath assets in his hands, an Action of Debt lieth against him. So doth it vpon euerie iudgement.

Notes

• * 1.1

  5. H. 7. 18.
• * 1.2

  1. E. 5. 2.
• * 1.3

  5. H. 7. 1.