A particular
hireling
5s not refpon-
iible for any
thing he lofes
or deftroys.
Have or animal,] but is unreftrifted with refpeft to the part on which
the operation is,performed. Each of-thefe reports, therefore, affords
an argument with refpeft to the other ; and confequently the, cafes in
both are reftrifted to this*, that the operation be performed in the ufual
part, and with confent. of the party.—-The ground on which the l aw
proceeds, in this particular is, that it is impoffible for the operator to
guard againft confequences, as thofe -m-uft depend upon the ftrength.or
weaknefs of the conftitution in bearing any diforder or paint and as
this is, unknown, it is therefore impoffible to reftrift the work to,the
condition of fafety.— It is, otherwife with refpeft to tearing- .cloth, as
before treated of, becaufe the ftrength ,or weaknefs of cloth may be
known by Ikill and attention, whence it is 'poffible in that inftance to
reftrift the work to. fafety. Thus much., with refpeft to copupon or
general hirelings. ,
A p a r t i c u l a r hireling fignifies one who'is'entitled to his hire in
virtue of a furrender.-.ofr himfelf during, the term of hire, although he
do no work; as, forinltance, a perfon who is hired-as a fervant for
a month, or to take care offlocks for a month, at a certain rates, 'under a
condition that he Ihall not ferve or tend the flocks of any other perfon
during that term.— An hireling of this defcription is denominated an
Ajeer Wafid, orfngular hireling, becaufe the advantage of his , fefvice
belongs exclufively to ,a Angle perfon during the term of his engage*
ment, and the wages he Receives are-oppofed, to fuch advantage:—and
as the hireling, in this inftance, is entitled to his hire in virtue of his
furrender of himfelf, ,for the term o f hire, he is entitled to his, wages
although he do no work, or although his work be afterwards undone;
as where, for inftance, a perfon is hired to make up a drefs, and,he
few it accordingly, and the fewing be afterwards ripped out, in which
cafe he is neverthelefs entitled to his hire.
I f an article be loft whilft in the hands of a particular hireling,
without his aft, by a thief ftealing it, (for inftance,) or an ufurper
carrying it away,—or, if it be loft by his aft, he is not refponfible for
7 if'
it.— He is not refponfible in the former inftance, becaufe the article is
a depoflt in his hands, fince he took pofleffion of it with the owner’s
confent.— (This, according to Haneefa, is evident:— and it is alfo, evident
according to the two difciples, becaufe they hold that the obligation
of refponfibility upon a common hireling proceeds upon a favourable
conftruftion of the l a w , in order that men’ s property may be in
fecurity; but as a particular hireling does not engage to work for every
perfon, it is ftijl more likely that property is fafe with fuch an hire-
ling, and therefore, m this cafe, the law proceeds'upon analogy.)—•
He is alfo not refponfible in the fecond inftance, becaufe, as the advantage
of this hireling’s fervice is the property of the hirer, it follows
that, where he direfts him to aft with his property, fuch direftionis
valid:-Confequently the hireling is his deputy; his .afts, therefore, are
the fame as the afts of his principal, the hirer, arid of courfe- he is not
refponfible.
C H A P. VI.
Of Hire on one of two Conditions.
I f the owner of cloth,fay to the taylor whom he-has engaged, “ I f
u you make .tjp jtf|g cloth in the Perftan fafhion, you fhall have one
dirm, and if in thp fu rk ijh fafhion, you fhall have two,”_it is
valid, -and the taylor is entitled to a recompence according to whichever
of the two fafhions he makes up the cloth in. In the fame manner,
alfo, i f he fay fo a dyer, “ I f you dye this cloth purple, you fhall
The hire is
valid, o f a
tradefman,
under an al*
ternative
with refpedl
to work;