BAILLY

bailly, jean sylvain (1736-1793), french astronomer and orator, was born at paris on the 15th of september 1736. originally intended for the profession of a painter, he preferred writing tragedies until attracted to science by the influence of nicolas de lacaille. he calculated an orbit for the comet of 1759 (halley's), reduced lacaille's observations of 515 zodiacal stars, and was, in 1763, elected a member of the academy of sciences. his _essai sur la theorie des satellites de jupiter_ (1766), an expansion of a memoir presented to the academy in 1763, showed much original power; and it was followed up in 1771 by a noteworthy dissertation _sur les inegalites de la lumiere des satellites de jupiter_. meantime, he had gained a high literary reputation by his _eloges_ of charles v., lacaille, moliere, corneille and leibnitz, which were issued in a collected form in 1770 and 1790; he was admitted to the french academy (february 26, 1784), and to the academie des inscriptions in 1785, when fontenelle's simultaneous membership of all three academies was renewed in him. thenceforth, he devoted himself to the history of science, publishing successively:--_histoire de l'astronomie ancienne_ (1775); _histoire de l'astronomie moderne_ (3 vols. 1779-1782); _lettres sur l'origine des sciences_ (1777); _lettres sur l'atlantide de platon_ (1779); and _traite de l'astronomie indienne et orientale_ (1787). their erudition was, however, marred by speculative extravagances. the cataclysm of the french revolution interrupted his studies. elected deputy from paris to the states-general, he was chosen president of the third estate (may 5, 1789), led the famous proceedings in the tennis court (june 20), and acted as mayor of paris (july 15, 1789, to november 16, 1791). the dispersal by the national guard, under his orders, of the riotous assembly in the champ de mars (july 17, 1791) rendered him obnoxious to the infuriated populace, and he retired to nantes, where he composed his _memoires d'un temoin_ (published in 3 vols. by mm. berville and barriere, 1821-1822), an incomplete narrative of the extraordinary events of his public life. late in 1793, bailly quitted nantes to join his friend pierre simon laplace at melun; but was there recognized, arrested and brought (november 10) before the revolutionary tribunal at paris. on the 12th of november he was guillotined amid the insults of a howling mob. he met his death with patient dignity, having, indeed, disastrously shared the enthusiasms of his age, but taken no share in its crimes. notices of his life are contained in the _eloges_ by merard de saint just, delisle de salles, lalande and lacretelle; in a memoir by arago, read the 26th of february 1844 before the academie des sciences, and published in _notices biographiques_, t. ii. (1852). see also delambre, _histoire de l'astronomie au 18me siecle_, p. 735, and lalande, _bibliographie astronomique_, p. 730. bailment (from fr. _bailler_, to place in charge of, cf. bail), in law, a delivery of goods from one person called the _bailor_, to another person called the _bailee_, for some purpose, upon a contract, express or implied, that after the purpose has been fulfilled they shall be redelivered to the bailor, or otherwise dealt with according to his direction, or kept till he reclaims them. the following is chief justice holt's classification of bailments in _coggs_ v. _bernard_, 1704, 1 sm. l.c. 167, which is generally adopted. (1) _depositum_, or bailment without reward, in order that the bailee may keep the goods for the bailor. in this case, the bailee has no right to use the thing entrusted to him, and is liable for gross negligence, but not for ordinary negligence. thus, where a customer had deposited some securities with his banker (who received nothing for his services) and they were stolen by a cashier, it was held that as there was no proof of gross negligence the banker was not liable (_giblin_ v. _mcmullen_, 1868, l.r. 2 p.c. 317). (2) _commodatum_, or loan, where goods or chattels that are useful are lent to the bailee _gratis_, to be used by him. the bailee may be justly considered as representing himself to the bailor to be a person of competent skill to take care of the thing lent (_wilson_ v. _brett_, 1843, 11 m. & w. 113), and the transaction being a gratuitous loan, and one for the advantage of the bailee solely, he is bound to use great diligence in the protection of the thing bailed and will be responsible even for slight negligence. thus, where a [v.03 p.0221] horse was lent to the defendant to ride, it was held that it did 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