contracts. Called, in the civil law, conductor, and, in the
law conducteur, procureur, locataire, is he who takes a thing from another,
to use it, and pays a compensation therefor. Woods Inst. B. 3, c. 5, p.
236; Pothier, Louage, n. 1; Domat, B. 1, tit. 4, 1, n. 2; Jones Bailm.
70; see this Dict. Letter.
2. There is, on the part of the hirer, an implied obligation, not only
to use the thing with due care and moderation but not to apply it to any
other use than that for which it is hired; for example, if a horse is hired
as a saddle, horse; the hirer has no right to use the horse in a cart, or
to carry loads, or as a beast of burden. Pothier Louage, n. 189; Domat, B.
1, tit. 4, 2, art. 2, 3; Jones Bailm. 68, 88; 2 Saund. 47 g, and note; 1
Bells Com. 454; 1 Cowens R. 322; 1 Meigs, R. 459. If a carriage and
horses are hired to go from Philadelphia to New York, the hirer has no
right to go with them on a journey to Boston. Jones Bailm. 68; 2 Ld. Raym.
915. So, if they are hired for a week, he has no right to use them for a
month, Jones Bailm. 68; 2 Ld. Raym. 915; 5 Mass. 104. And if the thing be
used for a different purpose from that which was intended by the parties,
or in a different manner, or for a longer period, the hirer is not only
responsible for all damages, but if a loss occur, although by inevitable
casualty, he will be responsible therefor. 1 Rep. Const. C. So. Car. 121;
Jones Bailm. 68, 121; 2 Ld. Raym. 909, 917. In short, such a misuser is
deemed a conversion of the property, for which the hirer is deemed
responsible. Bac. Abr. Bailment, C; Id. Trover, C, D, E; 2 Saund. 47 g; 2
Bulst. 306, 309.
3. The above rules apply to cases where the hirer has the possession as
well as the use of the thing hired when the owner or his agents retain the
possession, the hirer is not in general responsible for an injury done to
it. For example, when the letter of a carriage and a pair of horses sent
his driver with them and an injury occurred, the hirer was held not to be
responsible. 9 Watts, R. 556, 562; 5 Esp. R. 263; Poth. Louage n. 196;
Jones, Bailm. 88; Story., Bailm. 403. But see 1 Bos. & P. 404, 409; 5 Esp.
N. P. c 35; 10 Am. Jur. 256.
4. Another implied obligation of the hirer is to restore the thing hired,
when the bailment, is determined. 4 T. R. 260; 3 Camp. 5, n.; 13 Johns. R.
5. The time, the place, and the mode of restitution of the thing hired,
are governed by the circumstances of each case depend and depend upon rules
of presumption of the intention of the parties, like those in other cases
of bailment. Story on Bailm.415
6. There is also an implied obligation on the part of the hirer, to pay
the hire or recompense. Pothier, Louage, n. 134; Domat, B. 2, tit. 2, 2,
n. 11 Code Civ; art. 1728.
See, generally, Bouv. Inst. Index, h. t.; Employer; Letter.
Source: Bouviers Law Dictionary 1856 Edition