B A I 
or force, however inevitable or irrefiftible ; if it be occa* 
fioned by that degree of negligence for which the nature 
of his contra ft makes him generally anfwerable.” 
The following cafes may ferve to illuftrate this fubjeft. 
A man leaves a chert: locked up with another to be kept, 
and doth not make known to him what is therein; if the 
chert and goods in it are rtolen, the perfon who received 
them (hall net be charged for the fame, for he was not 
trurted with them. And what is faid as to dealing is to 
be underrtood of all other inevitable accidents ; but it is 
necelfary for a man that receives goods to be kept, to re¬ 
ceive them in a fpecial manner, viz. to be kept as his 
own, or at the peril of the owner, i LilL. Abr. 193. 1 Rol. 
Abr. 33S. 2 Show. pi. 166. 
If I deliver iool. to A. to buy cattle, and he bertows 
50!. of it in cattle, and I bring an aftion of debt for all, I 
(hall be barred in that aftion for the money beftowed and 
charge's, See. but for the reft I (hall recover. Hub. 207. If 
one deliver his goods to another perfon, to deliver over 
to a ftranger ; the deliverer may countermand his power, 
and require the goods again ; and, if the bailee refufe to 
deliver them, he may have an aftion of account for them. 
Co. Liu. 286. If A. delivers goods to B. to be delivered 
over to C. C, hath the property, and C. hath the aftion 
againft B. for B. undertakes for the fafe delivery to C. 
and hath no property or intereft but in order to that pur- 
pofe. 1 Rol. Abr. 606. i Buljl. 68. where it is faid that in 
cafe of converfion to his own life the bailee fliall be an¬ 
fwerable to both. But if the bailment were not on va¬ 
luable cohiideration, the delivery is countermandable; and 
in that cafe, if A. the bailor bring trover, he reduces the 
property again in himfelf, for the aftion amounts to a 
countermand; but, if the delivery was on a valuable con- 
fideration, then A. cannot have trover, becaufe the pro¬ 
perty is altered; and in trover the property muft be pro¬ 
ved in the plaintiff. And where a man delivers goods to 
another to be re-delivered to the deliverer at fuch a day, 
and before tit at day the bailee doth fell the goods in mar¬ 
ket overt; the bailor may at the day feize and take his 
goods, for the property is not altered. Godb. 1 66. 
If A. 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 A. has a fpecial 
property in the horfe till the journey is determined ; and, 
being in lawful poffeftion of the horfe, the owner cannot 
violently feize it and take it 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 fuddled. Yelv. 172. But the owner may have 
an aftion on the cafe againft the bailee for exceeding 
the purpofes of the loan; for fo far it is a fecret and fal¬ 
lacious abufe of his property ; but no general action of 
trefpaf-, bccaufe it is not an open and violent invaften of 
it. 1 Rol. Rep. 128. 
As to borrowing a thing perirttable, as corn, wine, or 
money, or the like, a man muft, 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. But if o'ne lend a horfe, &c. he muft have the 
fame reftored. If a thing lent for ufe be ufed to any 
other end or purpofe than that for which it was bor¬ 
rowed, the party may. have his aftion on the cafe for it, 
though the thing be never the worfe; and if what is 
borrowed be loft, although it be not by any negligence of 
the borrower, as if he be robbed of it ; or where the 
thing is impaired or deftroyed by his neglect, admitting 
that lie put it to no more lervice than that for which bor¬ 
rowed; he muft make it good : fo where one' borrows a 
horfe, and puts him in an old rotten houfe ready to fall, 
which falls on and kills him, the borrower muft an'fwcr 
for the horfe. But if fuch goods borrowed perifti by the 
aft of God, (or rather, as Sir William Jones fays it ought 
more reverentially to be termed, by inevitable accident,) 
B A I 631 
in the right ufe of them ; as where the borrower puts the 
horfe, &c. in a ftrong houfe, and it falls and kills him, 
or it dies by difeafe, or by default of the owner; the bor¬ 
rower fliall not be charged, ilnjl. 89. 2 Hen. VII. c. 11. 
If one delivers a ring to another to keep, and he breaks 
and converts the fame to his own ufe; or if I deliver nay 
(keep to another to be kept, and lie (offers them to.be 
drowned by his negligence ; or if the bailee of a horfe, or 
goods, &c. kill or (poll them; in thefe cafes aftion Will 
lie. 5 Rep. 13. 15 Edw. IV. 20 b. 12 Edw. IV. c. 13.. If 
a man deliver goods to another, the bailee fliall have a 
general aftion of trefpafs againft a ftranger, becaule he is 
anfwerable over to the 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 himfelf right. 13 Co. 69. 14 Hen. IV. c. 28. 
25 Hen. VII. c. 14. I11 the cafe Elfee v. Gat ward, B..R. H. 
33 Geo. III. 5 T. R. 143. which was in the nature of a 
naked bailment ; it was decided that, if a partv volunta¬ 
rily, and without a confideration, undertakes to perform 
work, and proceeds on the employment, he makes him¬ 
felf liable for any misfeazance in the courfe of that W6rk : 
but if he undertakes, and does not proceed on the work, 
no aftion will lie againft him for the nonfeazance. 
B Al'LO, f. thus they ftyled at Conftantinople the ara- 
baflador of the republic of Venice, who redded at the 
Porte. This minifter, befides his political charge, afted 
there the part of a conful of Venice. 
BAIL'YBURG, a town of Sweden, in the province oi 
Weftmannlaiid. 
BAIN, Lithe, limber-jointed, that can bend eafily. 
Bain, a town of France, and principal place of a dif- 
trift, in the department of the I lie and Villaine, eight 
leagues fouth-weft of Vitre; and five and a half louth of 
Rennes. Lat.47.50.N. Ion. 15. 59. E. Ferro. 
Bain Gonga, a river of Hindoftan, which runs into 
the Godavery, in the Nizams country. Lat. 18.48. N. 
Ion. So. 15. E. Greenwich. 
B Al'NARDL C AS'TLE, in Thames-ftreet, in London, 
fo called from William Bainard, baron of Dunmow, 'the 
builder of it. 
B AIN'BRIDGE (John), an eminent phyfician and aftro- 
nomer, born at Afliby-de-la-Zouch, in Leice'fterftiire, in 
1382. He taught a grammar-fehool for fome years, and 
practifed phyfic, employing his leifure hours in aftronomy, 
which was his favourite ftudy : at length he removed to 
London, was admitted a fellow of the college of phyfici- 
ans, and railed his charafter by his defeription of the co¬ 
met in 1618. The next year Sir Henry Savile appointed 
him firft profeffor of aftronomy at Oxford ; and the inaf- 
ter and fellows of Merton-college made him firft junior, 
and then fuperior, reader of Linacre’s lefture. He died 
in 1643, having written many works, fome of which have 
never been publiftied; but the MSS. are preferved in the 
library of Trinity-college, Dublin. 
BAIN'DER, a town of Afiatic Turkey, in the province 
of Natolia, forty-four miles eaft of Boli. 
BAINDT, a town of Germany, in the circle of Swa¬ 
bia, fix miles north-north-eaft of Ravenfpurg. Lat. 27. 
20. N. Ion. 47. 53. E. Ferro. 
BAINE, a river in Lincolnffiire, which pafles by the 
towns of Horncaftle, Tatterfal, &c. and joins the Wel- 
ham near the laft-mentioned town. 
BAINET'TA, a town of Piedmont, in the province of 
Coni, on the Orobio, fix miles fouth-eaft of Coni, and 
eight weft-fouth-weft of Mondavi. 
BAINS, a toum of France, in the department of the 
Vofges, and chief place of a canton, in the diftrift of Dar- 
ney; two leagues and a half weft of Plombieres, and three 
and a quarter fouth-eaft of Darney. 
BAIOCA'Ojjfl a copper coin, current at Rome, and 
throughout the whole date of the church, ten of which 
make a julio, and an hundred a Roman crown. 
B AI'PIA, a town of North America, in New Navarre, 
163 miles fouth-weft of Cafa Grand. 
BAI'RAM 
