Page:William Blackstone, Commentaries on the Laws of England (3rd ed, 1768, vol II).djvu/412

 396 ment, or delivery, of goods to another peron for a particular ue; as to a carrier to convey to London, to an innkeeper to ecure in his inn, or the like. Here there is no abolute property in either the bailor or the bailee, the peron delivering, or him to whom it is delivered: for the bailor hath only the right, and not the immediate poeion; the bailee hath the poeion, and only a temporary right. But it is a qualified property in them both; and each of them is entitled to an action, in cae the goods be damaged or taken away: the bailee on account of his immediate poeion; the bailor, becaue the poeion of the bailee is, mediately, his poeion alo. So alo in cae of goods pledged or pawned upon condition, either to repay money or otherwie; both the pledgor and pledgee have a qualified, but neither of them an abolute, property therein: the pledgor's property is conditional, and depends upon the performance of the condition of re-payment, &c; and o too is that of the pledgee, which depends upon it's non-performance. The ame may be aid of goods ditreined for rent, or other caue of ditres: which are in the nature of a pledge, and are not, at the firt taking, the abolute property of either the ditreinor, or party ditreined; but may be redeemed, or ele forfeited, by the ubequent conduct of the latter. But a ervant, who hath the care of his mater's goods or chattels, as a butler of plate, a hepherd of heep, and the like, hath not any property or poeion either abolute or qualified, but only a mere charge or overight.

thus conidered the everal diviions of property in poeion, which ubits there only, where a man hath both the right and alio the occupation of the thing; we will proceed next to take a hort view of the nature of property in action, or uch where a man hath not the occupation, but merely a bare right to occupy the thing in quetion; the poeion whereof may however be recovered by a uit or action at law: from whence Rh