B A I 



of the owner, i Lill. Abr. 193, 194. And vide i Rol. 

 Abr. 338. 2 Sliow. pi. 166. 



If I deliver lool. lo /I. to buy cattle, and he bellows yol. 

 of it in cattle, and I biing ;in ;iftion of debt for all, I (IihU 

 be barred in that aflioii for the money bellowed and cliargus, 

 &c. but for the reft I (hall recover. Hob. 207. 



If one deliver his goods to another perfon, to deliver over 

 to a ftranger; the deliverer may countermand his power, 

 ?.nd require the goods again; and if the bailee refufc to de- 

 liver them, he may have an adion of account fjr them. 

 Co.Litt. 2S6. 



If J. delivers goods to B. to be delivered oyer to C. 

 C. hath the property, and C. hath the adlion againll B. 

 for B. undertakes for the fafc delivery to C. and hath no 

 property or intereil but in order to that pui-pofc. i Rol. 

 Abr. 6c 6.: fee i Bulil. 68,69. "'here it is faid that in 

 cafe of converfion to his own ufe, the bailee (hall be aufwer- 

 ablc to both. 



But if the bailment were not on valuable confidcration, 

 the deliver)' is countermindable; and in that cafe, if y^. the 

 bailor bring trover, he reduces the property again in him- 

 feif, for the adlio'.i amounts to a countermand; but if the 

 delivery was on a valuable confideration, then j1. cannot 

 have trover, bccaufe the property is altered; and in trover 

 the property mull be proved in the plaintiff. I Bulft. 68.; 

 fee I Leon. 30. 



And where a man delivers goods to anotlierto be re-deli- 

 vered to the deliverer at fuch a day, and before that day the 

 bailee doth fell the goods in market overt; the bailor may 

 at the day Icizc and take his goods, for the property is not 

 altered. Godb. 160. 



If y/. borrows a horfe to ride to Dover, and he rides out 

 of his way, and the owner of the horfe meets him, he cannot 

 take the horfe from him; for ^. has a fpecial property in 

 x\ t horfe till the journey is determined; and being in lawful 

 po:V(Iion of the horfe, the owner cannot violently feize and 

 take 1 . away ; for the continuance of all property is to be 

 taken from the form of the original bargain, which in this 

 cafe was limited till the appointed journey was fmifked. 

 Yclv. 172. But the owner may have an aftion on the cafe 

 jgainft the bailee for exceeding the purpofes of the loan; 

 for fo far it is a fecret and fallacious abufe of his property; 

 but no general aftion of trefpafs, becauft it is not an open 

 and violent invafion of it. i Rol. Rep. 128. 



As to borrowing a tyng perifhable, as corn, wine, or 

 money, or the like, a man mull:, from the nature of the 

 thing, have an abfolute property in them; otherwife it 

 could not fupply the ufes for which it was lent; and 

 therefore he is obliged to return fomething of the fame 

 fort, the fame in quantity and quality with what is bor- 

 rowed. Dr. & Stud. 129. 



But if one lend a horfe, &c. he mufl have the fame re- 

 ftored. If a thing lent for ufe be ufed to any other end or 

 purpofe than that for which it was borrowed, the party may 

 have his aftion on the cafe for it, though the thing be never 

 the vvorfe; and if what is borrowed be loft, although it be 

 not by any negligence of the borrower, as if he be rubbed of 

 it; or where the thing is impaired or deftroycd by his ne- 

 gledl, admitting that he put it to no more fervicc than that 

 for which borrowed, he muft make it good; fo where oiic 

 borrows a horfe, and puts him in an old rotten houfe ready 

 to fa!l, which falls on and kills him, the borrower inuft :ui- 

 fvvcr for the horfe. But if fuch goods borrowed perifli by 

 the ?.£l of God (or rather, as fir William Jones fays, it 

 oni-ht more reverentially to be termed, by imi-i/id'/e aedJai!), 

 in the right ufe of them ; as where the borrower puts 

 the horfe, &c. in a ftrong houfe, and it falls and kJU 



B A I 



him, or it diej by difeafe, or by default of the owner, the 

 borrower fiiall uut be charged, i Inft. 89. 29 Aff. 28. 

 2 H. 7. II. 



If one delivers a ring to another to keep, and he breakt 

 av/d converts the fame to his own ufe; or if I deliver my 

 ftieep to another to be kept, and he fuffcrs them to be 

 drowned by his negligence; or if the bailee of a horfe, or 

 goods, &c. kill or fpoil them, in thcfe cafes aftion will lie. 

 5 Rep. 13. ij E.4. 20b. 12 E. 4. 13. 



If a man deliver goods to another, the bailee fliall have 

 a general adion of tiefpafs againft a ftrangcr, becaufe he is 

 anfwtrable over to th.e bailor; for a man ought not to be 

 charged with an injury to another, without being able to 

 retire to the original caufe of that injury, and in amends 

 there to do himfclf right. 13 Co. 69. 14 H. 4. 28. 25 

 H. 7. 14. .See Jacob's Law Dictionary by Tomlins, art. 

 Biiilvunt. Blackft. Com. vol. ii. p. 396. 451, J:c. 



BAILO, or Balio, a name given at Coiiftantinople to 

 the ambaffador of Venice rtfidiug at the Poite; who alfo 

 does the office of conful of his nation. 



The word is doubtlefs the remains of the word bnjulu:, 

 which the modern Greeks and Turks have formed into 

 bailo. 



The Venetian confuls at Aleppo, Alexandria, Smyrna, 

 and other parts of the I^evant, are alfo denominated 

 bailo. 



BAILY, Nath.^niel, in Biogrcj^hy, an Englifti writer, 

 living the latter end of the feventeenth century and begin- 

 lung of the laft, aulh.or of the " Didionarium Riifticum," 

 treating of all forts of conntn- affairs, pnitici'Iarly of the 

 whole art of gardeiiiig, 1704, 8vo. London, repubhft.ed, 

 much improved, 17:6. HJler Lib. Bol. 



BAILYBOROUGH, in Ccography, a market and p.-ll 

 town of the county of Cavan in Ireland, which, though, ot v^ry 

 mean appearance, has an excellent market. The crops in its 

 vicinity corlift of potatoes, flax, and oat«, and are vtrj- poor. 

 There is a bleach-green contiguous to the town, and there 

 arefome fmall farmers in the neighbourhood, who makebrtter 

 for market, which is fent to Newr)' for exportation. Their 

 pigs, which form a confiderable article of trade, are fent to 

 the fame place. This town has been hitherto very much 

 neglefted ; but fuch are its advantages of fitnaiion, that if 

 any encouragement were given, it might be eafily raifed to 

 a ftate of profperity and confequence. Between this town 

 and King's Court is a lake, or rather pool, on thr lummit of 

 a mountain, which is celebrated for its anlifcorbutic virtues, 

 and is much frequented from June to Auguil. Many bathe 

 in the lake; but the mud, which is taken up from the depth 

 of thirty feet, and rubbed on the afieded parts, is deemed 

 the moll efiicacious. This ii;ud is a grcafy (hining fub- 

 ftance like tar. 'I'i-.e lake covers abovt half a fquare rood in 

 area, and has a range of lofty hills 10 the call and weft. 

 For about fix feet frori the furfacet!ie water is pure and 

 clear, with fomethirg of a chalybeate tafle. It is obfervcd 

 of it, tl.Et the (v,n or atmofphere has no cffce^ citiitr in im- 

 parting its genial influence, or in reducittg its waters by at- 

 tradion; nor has it ever been fio7.tn, or its temperature 

 altered in tlie fevercft wiiTler. Bailyborough is forty-ll.rcc 

 Irilli miles north-weft from DubHn. Cootc'h Statift. Survey 

 of Cavan. 



BAILYBURG, a town of Sweden, in the province of 

 Weftmannland. 



BAIN, a town of France, and prircipal place of a 

 diftrid in the department of the Ilie ard Villaine: 5i 

 leagues fouth of Reniics. N.lat. 47= 50". W.lorg. 1° 47'. 



Bain Gosc.a, a river of Hindollan, for the recci.t know- 

 Icdf'e of which we arc indebted to CcL Can ac. It riles 



' 5 P 2 n-.Sf 



