LOCATIO OPERIS FACIENDI, contracts. A term used in the civil law. There are two kinds, first, the location operis faciendi, strictly1 so called, or the hire of labor2 and services; such as the hire of tailors to make clothes, and of jewelers to set gems3, and of watchmakers to repair watches. Jones' Bailm. 90, 96, 97. Secondly4, Locatio custodiae, or the receiving of goods on deposit for a reward, which is properly the hire of care and attention about the goods. Story on Bailm. 422, 442; 1 Bouv. Inst. n. 994.
2. In contracts for work, it is of the essence of the contract, first, that there should be work to be done; secondly, for a price or reward; and, thirdly, a lawful5 contract between parties capable and intending to contract. Pothier, Louage, n. 395 to 403.
LOCATIO REI, contracts. A term used in the civil law, which signifies the hiring of a thing. It is a contract by which one of the parties obligates himself to, give to the other the use and enjoyment6, of a certain thing for a period of time agreed upon between them, and in consideration of a price which the latter binds7 himself to pay in return. Poth. Contr. de Louage, n. l. See Bailment8; Hire; Hirer; Letter.
LOCATION, contracts. A contract by which the temporary use of a subject, or the work or service of a person, is given for an ascertained10 hire. 1 Bell's Com. B. 2, pt. 3, c. 2, s. 4, art. 2, 1, page 255. Vide Bailment; Hire.
LOCATION, estates. Among surveyors, who are authorized11 by public authority to lay out lands by a particular warrant, the act of selecting the land designated in the warrant and surveying it, is called its location. In Pennsylvania, it is an application made by any person for land, in the office of the secretary of the late land office of Pennsylvania, and entered in the books of said office, numbered and sent to the surveyor general's office. Act June 25, 1781, 2, 2 Sm. Laws, 7.
LOCATOR, civil law. He who leases or lets a thing to hire to another. His duties are, 1st. To deliver to the hirer the thing hired, that he may use it. 2d. To guaranty to the hirer the free enjoyment of it. 3d. To keep the thing hired in good order in such manner that the hirer may enjoy it. 4th. To warrant that the thing hired has not such defects as to destroy its use. Poth. Du. Contr. de Louage, n. 53.
LOCK-UP HOUSE. A place used, temporarily as a prison.
LOCO PARENTIS. In the place of a parent.
2. It is frequently important in cases of devises and bequests12, to ascertain9 whether the testator did or did not stand towards the devisee or legatee, in loco parentis. In general, those who assume the parental13 character may be considered as standing14 in that relation but this character must clearly appear.
3. The fact of his so standing may be shown by positive proof, or the express declarations of the testator in his will, or by circumstances; as, when a grandfather; 2 Atk. 518; a brother; 1 B. Beat. 298; or an uncle; 2 A. 492; takes an orphan15 child under his care, or supports him, he assumes the office of a parent. The law places a master in loco parentis in relation to bis apprentice16. See 2 Ashm. R. 178, 207; 2 Bouv. Inst. n. 2216.
