英文法律词典 H-15

HIGHWAYMAN. A robber on the highway.

HILARY TERM, Eng. law. One of the four terms of the courts, beginning the11th and ending the 31st day of January in each year.

HIGLER, Eng. law. A person who carries from door to door, and sells by retail, small articles of provisions, and the like.

HIRE, contracts. A bailment, where a compensation is to be given for the use of a thing, or for labor or services about it. 2 Kent's Com. 456; 1 Bell's Com. 451; Story on Bailim. §369; see 1 Bouv. Inst. n. 980, et seq; Pothier, Contrat de Louage, ch. 1, n. 1; Domat, B. 1, tit. 4 §1, n. 1 Code Civ. art.. 1709, 1710; Civ. Code of Lo., art. 2644, 2645. See this Dict. Hirer; Letter.

2. The contract of letting and hiring is usually divided into two kinds; first, Locatio, or Locatio conductio rei, the bailment of a thing to be used by the hirer, for a compensation to be paid by him.

3. Secondly, Locatio operis, or the hire of the labor and services of the hirer, for a compensation to be paid by the letter.

4. And this last kind is again subdivided into two classes: 1. Locatio operis faciendi, or the hire of labor and work to be done, or care and attention to be bestowed on the goods let by the hirer, for a compensation; or,

5. - 2. Locatio operis mercium vehendarum, or the hire and carriage of goods from one place to another, for a compensation. Jones' Bailm. 85, 86,90, 103, 118; 2 Kent's Com. 456; Code Civ. art. 1709, 1710, 1711.

6. This contract arises from the principles of natural law; it is voluntary, and founded in consent; it involves mutual and reciprocal obligations; and it is for mutual benefit. In some respects it bears a strong resemblance to the contract of sale, the principal difference between them being, that in cases of sale, the owner, parts with the whole proprietary interest in the thing; and in cases of hire, the owner parts with it only for a temporary use and purpose. In a sale, the thing itself is the object of the contract; in hiring, the use of the thing is its object. Vinnius, lib. 3, tit. 25, in pr.; Pothier, Louage, n. 2, 3, 4; Jones Bdilm. 86; Story on Bailm. §371.

7. Three things are of the essence of the contract: 1. That there should be a thing to be let. 2. A price for the hire. 3. A contract possessing a legal obligation. Pothier, Louage, n. 6; Civ. Code of Lo. art. 2640.

8. There is a species of contract in which, though no price in money be paid, and which, strictly speaking, is not the contract of hiring, yet partakes of its nature. According to Pothier, it is an agreement which must be classed with contracts do ut des. (q. v.) It frequently takes place among poor people in the country. He gives the following example: two poor neighbors, each owning a horse, and desirous to plough their respective fields, to do which two horses are required, one agrees that he will let the other have his horse for a particular time, on condition that the latter will let the former have his horse for the same length of time. Du Louage n. 458. This contract is not a hiring, strictly speaking, for want of a price; nor is it a loan for use, because there is to be a recompense. It has been supposed to be a partnership; but it is different from that contract, because there is no community of profits. This contract is, in general, ruled by, the same principles which govern the contract of hiring.19 Toull. n. 247.

9. Hire also, means the price given for the use of the thing hired; as, the hirer is bound to pay the hire or recompense. Vide Domat. liv. 1, tit.4; Poth. Contrat de Louage; Toull. tomes 18, 19, 20; Merl. R´pert. mot Louage; Dalloz, Dict. mot Louage; Argou, Inst. liv. 3, c. 27.