ried for reward from A. to B., was held sufficiently upon the custom of the realm to warrant a verdict against one of two defendants, upon evidence of his being a common carrier. The court, however, doubted whether it would have been good on special demurrer. The sixth and last class of bailments is (according to Lord Holt) mandatum, or a delivery of goods to somebody who is to carry them, or do something about them, gratis. And this might have been classed under the same head with depositum. For as the keeping, carrying, and working upon goods for hire are all included, both by Lord Holt and Sir W. Jones, under the same head, there seems no good reason why the keeping, carrying, and working upon them gratuitously should not have been so likewise. Certain it is, that the liabilities of the depositary and of the mandatary are precisely the same; both (in the absence, at least, of a contract in special terms) are bound to slight diligence, and to slight diligence only, and liable for nothing short of gross negligence, the reason in each case being the same, namely, that neither is to receive any reward for his services. Accordingly, whenever the extent of a mandatary's liability is discussed we find the cases respecting that of depositaries cited, and relied upon, and so vice versa. The cases of Beauchamp v. Powley, 1 M. &. Rob. 38; Shiells v. Blackburne, 1 H. Bl. 158; and Dartnall v. Howard, 4 B. & C. 345, the facts of which are respectively stated at the commencement of this note, were decisions on the responsibility of mandataries, and from those, as well as from the general principle, it appears that such bailees are liable for gross negligence, and for that only. From the above cursory view of the law of bailments, it will be seen that, besides the six classes, enumerated by Lord Holt, bailees may be distributed into three general classes varying from one another in their degrees of responsibility. The first of these is, where the bailment is for the benefit of the bailor alone: this includes the cases of mandataries and deposits, and in this the bailee is liable only for gross negligence. The second is, where the bailment is for the benefit of the bailee alone; this comprises loans, and in this class the bailee is bound to the very strictest diligence. The third is, where the bailment is for the benefit both of bailor and bailee this includes locatio rei, vadium and locatio operis, and in this class an ordinary and average degree of diligence is sufficient to exempt the bailee from responsibility. ASHBY v. WHITE ET ALIOS. (a) S. C. Salk. 19. S Salk. 17. Holt, 524. 6 Mod. 45. Vide1 Bro. Parl. Cas. 47. TRINITY-2 ANNE. [REPORTED LORD RAYMOND, 938.] A man who has a right to vote at an election for members of parliament may maintain an action against the returning officer for refusing to admit his vote, though his right was never determined in parliament, and though the persons for whom he offered to vote were elected (a). BUCKINGHAMSHIRE to wit. Matthias Ashby complains of William White, Richard Talbois, William Bell, and Richard Heydon, being in the custody of the marshal of similar to this the Marshalsea of the lord the king, before the king himaction is that of self, for that, to wit, That whereas on the 26th day of Perring v. 8 St. Tr. 89. Somewhat & Rob. 5, against an overseer for maliciously rishioner's name from the rate, per quod she was unable to obtain a beer licence. Harris, 2 Moo. November, in the 12th year of the reign of the lord the now king, a certain writ of the said lord the now king, issued out of the Court of Chancery of him the said lord the now omitting a pa- king, at Westminster, in the county of Middlesex, directed to the then sheriff of Buckinghamshire aforesaid, reciting that the said lord the king, by the advice and assent of his council, for certain arduous and urgent businesses concerning him the said lord the king, the state, and the defence of his realm of England, and of the church of England, had ordained his certain parliament to be holden at his city of Westminster, on the 6th day of February, then next coming, and there with the prelates, nobles, and peers of his said kingdom, to have discourse and treaty, the said lord the now king commanded the then sheriff of Buckinghamshire, by the said writ firmly enjoining, that, having made proclamation in his next said county court after the receipt of the same writ to be holden, of the day and place aforesaid, two knights, girded with swords, the most fitting and discreet of the county aforesaid, and of every city of that county two * citizens, and of every borough two burgesses of the more discreet and most sufficient, should be freely and indifferently chosen by those whom such proclamation should concern, according to the form of the statute thereupon made and provided, and the names of the said knights, citizens, and burgesses, so to be chosen, to be inserted in certain indentures thereof, to be made between him, the then sheriff, and those who should be concerned at such election (although such persons to be chosen should be present or absent), and should cause them to come at the said day and place; so that they the said knights, citizens, and burgesses, might severally have full and sufficient power for themselves and the commonalty of the county, cities, and boroughs aforesaid, to do and consent to those things which should then happen to be ordained there of the common council of the said realm of him the said lord the now king (by God's assistance), upon the businesses aforesaid; so that for want of such power, or because of an improvident election of the knights, citizens, and burgesses aforesaid, the said businesses might not in any wise remain undone; and should certify, without delay, that election made in the full county of him the then sheriff, distinctly and openly, under his seal, and the seals of those who should be concerned at that election, to the said lord the now king, in his Chancery, at the said day and place; sending to him the said lord the king, the counterpart of the indenture aforesaid, sewed to the same writ, together with that writ; which said writ, afterwards, and before the 6th day of February in the writ aforesaid mentioned, to wit, on the 29th day of December, in the twelfth year abovesaid, at the borough of Aylesbury, in the said county of Bucks, was delivered to one Robert Weedon, Esq., then sheriff of the same county of Bucks, to be executed in form of law; by virtue of which said writ, the aforesaid Robert Weedon, being then and there sheriff of the county of Bucks aforesaid, as before is set forth, afterwards and before the aforesaid 6th day of February, to wit, on the 30th day of December, in the 12th year above said, at the borough of Aylesbury aforesaid, in the said county of Bucks, made his certain precept in writing, under the seal of him the said Robert Weedon, of his office of sheriff of the county of Bucks aforesaid, directed to the constables of the borough of Aylesbury aforesaid, reciting * the day and place of the parliament aforesaid to be holden, thereby requiring them and giving to them in command, that having made proclamation within the borough aforesaid of the day and place in the same precept recited, they should cause to be freely and indifferently chosen two burgesses of that borough, of the more discreet and most sufficient, by those whom such proclamation should concern, according to the form of the statutes in such cases made and provided, and the names of the said burgesses so elected (although they should be present or absent) to be inserted in certain indentures between the said sheriff and those who should have interest in such election; and that he should cause them to come at the day and place in the same precept recited, so that the said burgesses might have full and sufficient power for themselves and the commonalty of the borough aforesaid, to do and consent to those things which should then happen to be ordained there of the common council of the said realm (by God's assistance) upon the business aforesaid; so that for want of such power, or because of an improvident election of the burgesses aforesaid, the said businesses might not remain undone; and that they should, without delay, certify the election to him the said then sheriff, sending to the same sheriff the counterpart of the indenture aforesaid annexed to the said precept, that he the said sheriff might certify the same to the said lord the king in his Chancery at the day and place aforesaid, which said precept afterwards and before the said 6th day of February, to wit, on the same 30th day of December in the year abovesaid, at the borough of Aylesbury aforesaid, in the said county of Bucks, was delivered to them the said William White, Richard Talbois, William Bell, and Richard Heydon, then, and until after the return of the same writ, being constables of the borough of Aylesbury aforesaid, to be executed in form of law; to which said William White, Richard Talbois, William Bell, and Richard Heydon, by reason of their office of constables of the borough aforesaid, the execution of that precept of right did then and there belong: by virtue of which said precept, and by force of the writ aforesaid, they the said burgesses of the borough of Aylesbury, being in that behalf duly forewarned, afterwards and before the 6th day of February, to wit, on the 6th day of January in the 12th year abovesaid, at the borough of Aylesbury aforesaid, before them the said William White, Richard Talbois, William Bell, and Richard Heydon, the constables aforesaid, were assembled to elect two burgesses for the borough, according to the exigency of the writ and precept aforesaid, and during that assembly, to that intention, and before such two burgesses, by virtue of the writ and precept aforesaid, were elected, to wit, on the day and year last abovesaid, at the borough of Aylesbury aforesaid, in the county aforesaid, he, the said Matthias Ashby, then and there, being a burgess and an inhabitant of the borough aforesaid, and not receiving alms there or any where else, then or before, but being duly qualified and entitled to give his vote for the choosing of two burgesses for the borough aforesaid, according to the exigency of the writ and precept aforesaid, before them the said William White, Richard Talbois, William Bell, and Richard Heydon, the four constables of that borough, to whom then and there it did duly belong to take and allow the vote of him the said Matthias Ashby, of and in the premises, was ready and offered to give his vote for choosing Thomas Lee, bart. and Simon Mayne, esq., two burgesses for that parliament, by virtue and according to the exigency of the writ and precept aforesaid; and the vote of him, the said Matthias, then and there of right ought to have been admitted; and the aforesaid William White, Richard Talbois, William Bell, and Richard Heydon, so being then and there constables of the borough aforesaid, were then and there requested to receive and allow the vote of him the said Matthias Ashby, in the premises; nevertheless they, the said William White, Richard Talbois, William Bell, and L |