This is sometimes fixed by law; as for incorporated companies, ferries, etc. Where it is not so fixed, the carrier may determine it himself. But having adopted and made known a usual rate, he better situation than the bailor. If the bailor has no title, the bailee can have none, for the bailor can give no better title than he has. The right to the property may, therefore, be tried in an action against the bailee, and a refusal like that stated in this case has always been considered evidence of a conversion. The situation of a bailee is not one without remedy. He is not bound to ascertain who has the right. He may file a bill of interpleader in a court of equity. But a bailee who forbears to adopt that mode of proceeding, and makes himself a party by retaining the goods for the bailor must stand or fall by his title." Littledale, J.: "The question is, whether, under the circumstances stated in this case, the bailee can set up any title against the real owner? What is the situation of a bailee? He has no other title except that which the bailor had. As to the Nisi Prius case before Gould, J. [see ante, note (x)] it is not applicable to the present point. There the carrier, on the goods being demanded by a third party, voluntarily identified himself with that party, by proposing to retain them on an indemnity, and offering to set up the title of that party on an action by the bailor. Now a lessee cannot dispute the title of his lessor at the time of the lease, but he may show that the lessor's title has been put an end to; and therefore, in an action of covenant by the lessor, a plea of eviction by title paramount, or that which is equivalent to it, is a good plea, and a threat to distrain or bring an ejectment, by a person having good title, would be equivalent to an actual eviction. So here, if the bailor brought an action against the defendant as bailee, the latter might, on the same principle, show that the plaintiff recovered the value of the goods, or that, on being threatened with an action by a person who had good title to the goods, he had delivered them to him." is so far bound by it, that, on tender of this rate, he must receive the goods, and can recover no more if they are not prepaid and he carries them; and whether it be fixed by law, or by his own established usage, it must be applied equally and indifferently; all persons being charged the same price for carriage of the same quantity of similar goods for the same distance. (b) 1 Where, however, it is not fixed by law, the carrier may change it at his discretion, and all parties are bound who have, or might have, but for their own fault, seasonable knowledge of such change. If the hire to which he is entitled be not paid, he is not bound to deliver the goods; and if he now retains them in his warehouse or place of business, he is liable, in case of loss or injury, only for negligence. His liability is no longer that of a common carrier, but that of a depositary for hire or gratuitously, as the case may be; (c) for he now holds the goods by virtue of the right we shall now proceed to consider.