d not
warrant him in allowing his servant to do so (_Bringloe_ v. _Morrice_,
1676, 1 Mod. 210). But where a horse was for sale and the vendor allowed
the defendant to have the horse for the purpose of trying it, it was held
that he had a right to allow a competent person upon the horse to try it
(_Camoys_ v. _Scurr_, 1840, 9 C. & P. 383). (3) _Locatio rei_, or lending
for hire. In the case of hiring the bailee is bound to use such diligence
as a prudent man would exercise towards his own property. Thus, where the
defendant hired a horse, and it having fallen ill, prescribed for it
himself instead of calling in a veterinary surgeon, he was held liable for
the loss (_Dean_ v. _Keate_, 1811, 3 Camp. 4). (4) _Vadium_, pawn or
pledge; a bailment of personal property as a security for a debt. In this
case the pledgee is bound to use ordinary diligence in guarding the thing
pledged. (5) _Locatio operis faciendi_, where goods are delivered to be
carried, or something is to be done about them for a reward to be paid to
the bailee. In this case, the bailee is bound to use ordinary diligence in
preserving the property entrusted to him. (6) _Mandatum_, a delivery of
goods to somebody, who is to carry them, or do something about them
_gratis_. The liabilities of a mandatory and of a depository are exactly
the same; neither is liable for anything short of gross negligence.

See further under BANKS AND BANKING; CARRIER; DILIGENCE; FACTOR; HIRING;
INNS AND INNKEEPERS; LIEN; NEGLIGENCE; PLEDGE; PAWNBROKING; PRINCIPAL AND
AGENT, &c.

BAILY, EDWARD HODGES (1788-1867), British sculptor, was born at Bristol on
the 10th of March 1788. His father, who was a celebrated carver of
figureheads for ships, destined him for a commercial life, but even at
school the boy showed his natural taste and remarkable talents by producing
numerous wax models and busts of his schoolfellows, and afterwards, when
placed in a mercantile house, still carried on his favourite employment.
Two Homeric studies, executed for a friend, were shown to J. Flaxman, who
bestowed on them such high commendation that in 1807 Baily came to London
and placed himself as a pupil under the great sculptor. In 1809 he entered
the academy schools. In 1811 he gained the academy gold medal for a model
of "Hercules restoring Alcestis to Admetus," and soon after exhibited
"Apollo discharging his Arrows against the Greeks" and "Hercules casting
Lichas into the Sea." In 1821 he was elected R