Page:The New International Encyclopædia 1st ed. v. 02.djvu/460

BAILLY, producing various works of importance in that city, he was appointed architect for the dioceses of Bourges, Valence, and Digne. In this capacity he reconstructed the cathedral of Digne, and designed two beautiful churches at Bourges and Valence. Made chief architect of the Third Division in Paris (1860), he built the Lyceum of Saint Louis and the new Tribunal of Commerce. When the Société des Artistes Français was founded, he was made its president. He received the Cross of the Legion of Honor in 1853, and became commander in 1881.

BAILLY, (1736-93). A French savant. He was born in Paris. Originally intended by his father for an artist, he first turned aside into literature, until, becoming acquainted with Lacaille, he was induced to study astronomy, which proved to be the true sphere of his genius. In 1763 he presented to the Académie des Sciences his Lunar Observations; in 1766 appeared his Essay on the Satellites of Jupiter, with Tables of Their Motions; and in 1771 a treatise on the light of these satellites. His historico-scientific works, especially his History of Indian Astronomy, are full of learning and ingenious disquisition, and written with great elegance. In 1777 he published his Letters on the Origin of the Sciences, and in 1799 his Atlantis of Plato. In 1784 he was elected a member of the Académie Française, and in the following year of the Académie des Inscriptions. The éloges which he wrote about this period for the Académie des Sciences, viz. those on Charles V., Molière, Corneille, Lacaille, Leibnitz, Cook, and Gresset, were very highly praised. The Revolution interrupted his peaceful studies. During the earlier part of it he occupied a very prominent position. Elected President of the National Assembly, June 17, 1789, and Mayor of Paris on the 15th of July, he conducted himself in these capacities with great integrity and purity of purpose; but at last lost his popularity by allowing the National Guard to fire on the masses who were assembled in the Champs de Mars, on the 17th of July, 1791, to demand the dethronement of the King. He now threw up his mayoralty, considering it impossible to satisfy either party, withdrew altogether from public affairs, and went to live first at Nantes, and afterwards with his friend Laplace at Melun. Here he was seized by the Jacobin soldiery and brought to Paris, where he was accused of being a conspirator. and was executed November 12, 1793. Among his papers were found, and afterwards published, an Essay on the Origin of Fables (1799), and Memoirs of the Revolution (1804).

BAIL'MENT (for derivation, see ). A delivery of something of the nature of personal property by one party to another, to be held according to the purpose or object of the delivery, and returned or delivered over when that purpose is accomplished. The party delivering is termed the bailor, the recipient, the bailee. A bailment is distinguished from a sale in that the identical thing delivered is to be restored in the same or an altered form, and that title is not transferred. Bailments are generally divided into three classes, formerly designated by terms derived from the civil law. (1) That for the sole benefit of the bailor or the party whom he represents. This includes: (a) Depositum (deposit), a delivery of personal property to be kept by the depositor without reward, and delivered according to the purpose of the trust, (b) Mandatum (mandate), or a delivery of personal property in regard to which the bailee engages to do some act without compensation. (2) That for the sole benefit of the bailee or the party whom he represents. This is commodatum (loan), a gratuitous lending of an article for a certain time, to be used by the bailee and returned without recompense. (3) That for the benefit of both parties. This class comprises: (a) Piqnus (pledge), a delivery or deposit of personal property as a security for some debt or engagement, as when goods are left with a pawnbroker, or stocks or bonds as collateral security on a note. (b) Locatio conductio (hiring) for recompense. This embraces four kinds: Locatio rei, the hiring of the use of the bailed article, as when a person hires a carriage; locatio custodiæ, the hiring of the keeping or storage of an article, as a deposit in a warehouse; locatio operis faciendi, the hiring of labor or services to be performed on or about the property, as a watch left with a watchmaker for repairs; locatio operis mercium, the carriage of goods for hire, as the work of a common carrier.

The bailee having possession of the chattel, may maintain the proper actions for injuries thereto, while if permanent injury be done to the chattel, the bailor may prosecute a special action for the loss to his reversionary interest. The important question, however, of the law of bailments is the determination of the obligations and liabilities of the respective parties in their several relationships. Thus, when the bailment is for the bailor's sole benefit, the bailee is required to exercise but slight care, and is responsible only for gross negligence; but when wholly for the bailee's benefit, in a gratuitous loan of the second class, he must exercise the greatest care, and is answerable for slight negligence; when the transaction is reciprocally beneficial to both parties, the bailee is required to exercise only ordinary care and is answerable only for ordinary neglect. It follows from this that a bailee, in the absence of special agreement, is not an insurer of the chattel placed in his hands, and is not responsible for losses or damages necessarily incident to the purpose of the bailment; but he is liable for the violation of the obligation imposed by the terms of the contract, or for the misappropriation of the chattel or the misdirection of its use. By the common law an exception is made in the case of innkeepers and common carriers. The former, by the necessity of the conditions, was originally made an insurer of the goods of his guest in his keeping, except from losses occurring by the act of God, the public enemy, or through the friend or servant of the guest. But this rule has been modified by statute in conformity with modern conditions, both in England and the United States; and the innkeeper is now generally held only to the exercise of a high degree of care. In many States, by providing a safe deposit and giving proper notice, he may require the guest to deposit his valuables, in default of which the innkeeper's liability does not exceed that of an ordinary bailee. It is also generally recognized that a common carrier's liability as an insurer against everything