except the act of God or the public enemy may, by proper notice and fair and reasonable special contract, be reduced to exclude all losses and injuries except those resulting from his own or his servants' negligence. In the State of New York this doctrine is carried to the ex- tent of permitting exception even from those damages resulting from his own negligence, but not from willful wrongdoing. The contract of a carrier of passengers is not a contract of bailment. (See Inn, Innkeeper; Carrier, Com- mon.) Consult: Schouler, Treatise on the Law of Bailments, 3d ed. (Boston, 1897); Story, Commentaries on the Law of Bailments, 9th ed. (Boston, 1878); Beal, Law of Bailments, with notes to Canadian cases (London, 1900).
BAIL'Y, Edward Hodges (1788-1867). An eminent English sculptor, born at Bristol. In 1807 he entered the studio of Flaxman in London, and in 1809 received medals from the Society of Arts and Sciences, and the Royal Academy. The statue of Nelson in Trafalgar Square, London, is one of his finest works. His other sculptures include "Eve at the Fountain," "Hercules Casting Hylas into the Sea," "Psyche," "Eve Listening to the Voice," and statues of Lord Mansfield and Earl Grey.
BAILY, Francis (1774-1844). An eminent English astronomer, born at Newbury. In the midst of active business as a London stockbroker, he laid the foundation of his scientific fame, and during the years of life usually devoted to repose, underwent labors and rendered services to astronomy which entitle him to be regarded as one of the most remarkable men of his time. Among the chief of these services were his share in the foundation of the Astronomical Society, and in the improvement of the Nautical Almanac, his laborious repetition of Cavendish's pendulum experiments, and the production of the Astronomical Society's star-catalogue. He was also the first fully to describe the phenomenon known as Baily's beads, which is observed in connection with total eclipses of the sun. Just before the beginning and after the end of the obscuration of the sun by the moon's disk, the thin crescent-shaped unobscured portion of the sun seems to become suddenly discontinuous, and looks like a belt of bright spots varying in size and separated by dark spaces. The resulting appearance may be compared to a string of beads. The phenomenon is the effect of irradiation and the inequalities of the moon's edge. In addition to several standard works on life-annuities, etc. (1808-13), and an immense mass of contributions to the Memoirs of the Astronomical Society, Baily wrote a valuable Life of Flamsteed (1835), which gave rise to much discussion on the subject of that eminent man's connection with Newton.
BAILY'S BEADS. See Baily, Francis.
BAIN, ban. Alexander (1818-1903). An Eng-
lish psychologist. He was born at Aberdeen,
Scotland, and studied at Marischal College, from
1830 to 1840, obtaining the degree of M.A. He
taught moral and natural philosophy at this in-
stitution from 1841 to 1845, and afterwards be-
came successively professor of natural philoso-
phy at Anderson's University, Glasgow; assist-
ant secretary to the Metropolitan Sanitary Com-
mission, from 1847 to 1855; secretary of the
General Board of Health, from 1848 to 1850; ex-
aminer in logic and moral philosophy at the University of London, from 1857 to 1862; examiner in moral science for the India Civil Service, from 1858 to 1860, and in 1863; professor of logic and English literature in the University of Aberdeen, from 1860 to 1880; and lord rector of the University of Aberdeen, in 1881. He received the degree of LL.D. from Edinburgh University in 1859. From the year 1840, Bain was a frequent contributor to the Westminster Review and Chambers's Papers for the People, and Information for the People. In these publications he became well known both for his exceptionally apt popularizations and for his own researches in fields of applied science. But his enduring fame will be associated with his treatises on psychology. His best-known works are: The Senses and the Intellect (1855); The Emotions and the Will (1859); The Study of Character (1861); Mental and Moral Science; A Compendium of Psychology and Ethics (1868); Logic, Deductive and Inductive (1870); The Relation of Mind and Body (1873); Education as a Science (1879). Bain also edited Paley's Moral Philosophy (1852), published a biography of James Mill (1881), a criticism of J. S. Mill (1882), assisted in editing Grote's Aristotle, edited Grote's Minor Worlds, and wrote several authoritative works on composition and rhetoric.
Bain was a stanch empiricist, emphatically opposed to all transcendental and a priori methods of procedure. Following Hartley's lead, he sought to supply a physiological basis for all psychical facts. Perhaps the best characterization of his place in psychology is given by J. S. Mill in Dissertations and Disenssions (1874). "Bain has stepped beyond all his predecessors and has produced an exposition of the mind of the School of Locke and Hartley ... which deserves to take rank as the foremost of its class, and as marking the most advanced point which the a posteriori psychology has reached." "Those who have the highest appreciation and the warmest admiration of his predecessors are likely to be the most struck with the great advance which this treatise (The Senses and Intellect) constitutes over what those predecessors had done, and the improved position in which it places their theory." "With analytic powers comparable to those of his most distinguished predecessors, he combines a range of appropriate knowledge still wider than theirs; having made a more accurate study than perhaps any previous psychologist of the whole round of physical sciences." The most important modification made by Bain in the doctrine of association was the introduction of a new element in mental development — the tendency to spontaneous movement. "He holds that the brain does not act solely in obedience to impulses, but is also a self-acting instrument; that the nervous influence which ... excites the muscles into action is generated automatically in the brain itself; not, of course, lawlessly and without a cause, but under the organic stimulus of nutrition." His work is marked by a spirit of precise analysis and zealous accuracy. It represents the high-water mark of English associationism. Consult: Mill, Dissertations and Discussions (New York, 1874); Ribot, Contemporary English Psychology (New York, 1873).
BAIN, Alexander (1810-77). A Scottish electrician. He was born in Scotland, but in 1837 removed to London as a journeyman.
