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911

to maintain the firters continnes til! their marriagé. In

perCous of lower ra"k, the ohligation to

alim~nt

the fill·

ceaCes after they are caplble of Cubfitling by a"y ler·

Vice or employmeot.

. 5. AII

o~ligatioos,

arifiog from the natural duty or

rellitutioo, fall uoder this daCs: Thus, things giveo upon

Ihe view of a certaio event, mun be rcltored, if that e·

veot does nOI afterwards exi(!: Thus alCo, thiogs givcn

06 lurlml caufam,

where Ihe turpitude is iD thereceiver

and oot io the giver, mull be renored. Aod on the

{ame principie, one upon whofe grouod a houCe is built

or repaired by another, is obliged, without aoy covenaot,

10 renore tbe expence laid out upon it, in

far as it has

becn profitable to him,

. 6. A cootrall is the voluntary agreement of two or

more perCons, whereby Comlthing is to be given or per.

formed upon one part, for a valuable confideration, ehher

prcCeot or future, on the other parto ConCent, which is

implied io agreement, is excluded, [. By error in the

e/feo!ials of the conmé!, for io fuch cafe, the party does

DOt properly contrall, but em or is deceivea; AM this

may be alCo applied lo contraéIs which take .their riCe

from fraud or impofitioo.

~ .

ConCent is "Cltchided by"

{uch a degree of renraint .upon any of the cootraé!ing'

partiel, as extom the agreemeot; for where violence

threateoiog are uCed agaiofi aperfoo; his wiU has

really

pan

in Ihe conlraé!.

7. Loao or

mulrlum

is that contraél which obligel a

perfon, who has bprrowed any fungible .(ubjeél from art·;

ather, to refiore to him as much ofthe fame kind, 'and of

cqual goodners. Whatever receives its c!fliinátion' in

number, weigh.t, or meaCure, is afuogible, as'coro. \Vine!:

CQrreot coio,

&c.

The only proper fubjeéls 'of Ihis' coo:'

traét are Ihinga which canool be uf.J, without

eithe~

cheir extioélion or aHenation; hence, the propertyof Ihe

tbing leol is nece[arily transferred by delivery

10'

the

borrower, who conCequeotly niufi 'run all the Iinards,

cither

its deterioradon or iti perilhing, according to

the rule,

ptril.fuo dDmino. ·

Where Ihe borrower

negleél!

renore, at

th~

time'

ao~

plaée agreed on; thr

eilimation of the thing lent.mull be made accordiog to ita

pri~e

at thlt 'Iime and in that place; ,becauCe il 1V0uld have

been wortb fo mueh tO the lender, if the obligation had:

Ileen duly performed.

there is no place

001

time (li·

pulated foro the value is to be nated aceordi·nz to the

price that the cOOlmodity gave when and where it

W3t

demanded. In

~he

loan of money, the'valuc p'Jt on ir

public authority, and not its intrinGe worth, is to be

confidered. Thia conma is 'obligatory only

one part ;,

for tbe lender is fubjeéled to no obligation: The ooly'

aélion therefore that it produces, is pointed agaion the

borrower, that he may reflore as much in quantity and'

<Juality as he borrowed, together with the damage the'

Itnder may have fuffi:red through default of due'perform"

ance.

8. Commodate is a Cpecies of loan, gratuitous un the

part of the lender, where Ihe thing lent lTIay be uCed,

",ithOUI either its perifhing or its alienation.

H~oce,

Ihis fort of loan, the propeny cuntinues with theI'ender :

the ooly right the borrower acquires in the fu bjel! is its

u[c.

after whieh he nwJl refiore Ihc individual thiog tha,

he borrowed: Confequently, if the fuhjcél periOlcl,

pcrilhes to the lender, unldi it hls perilhed by the bor–

rOIVer's fault. What degree af fauh or negligenee makes

either of the cootraéling parties liable 10 Ihe other io da-.

mages, is comprehended under the following rules,

Where the contral! gives a mutual heoe6t 10 both parties,

each contrallef is bound to adhibit a middle furt of dili–

gence, Cuch as aman of ordinary prudeoee ufes in his ar:

fairs. Where ooly one of the partics has benefit by the

cootrall, that parly mull ufe exaél diligence; aod the

ther who bas no advantage by it is 'accountable only for.

dole, or for grofs omiffions which the law connrues to be.

dole. Wbere one employs lefscare 00 the fubjeél of any

contral! which implies ao exuberant trun, than helis koowl\ ,

to employ in his OIVO alfairs., it is confidered as dole.

'9. By thefe rules, tbe borrower iothe contraél of

com~

modatemu(! be exaélly careful of the thing lent, aod re–

fiore it at the lime fixed hy

th~

contrat!, or.after

Iba~

ufe is made of it for which it was leot:

he.put1 it tQ

any other uCe, or neglells to lellore il at the time cove–

nanted, and if the thing perifhes thereafter, erro by Dlere

accident, he is bound to pay the value. On the other

parto Ihe lender is obliged to renore to the borrower fucb

of the

elt~ences

dilburfed by him 00 that fubjea" as arofo

from any uocommon accident, but nOI thofe tbat

D,atural~

atten~

the uCe of it. Wbere

thing is.lent grataouf,

Iy, without fpecifyiog aoy time of" redelivery, il

coon¡~

tutes the contraél of

prtca'¡um,

which is

revo~able

'"'

the·leoder's pleaCl1re,

an~,

being entered iplo frpm a

per~

fooal rcgard 10 Ihe

borrow~r,

ccafe! by his death.

10.

DepQfimioo is a conlraél, py whieh one who ha,

Ibe cunody

a thiog

cornmitt~d

to bim

.(I~e

depofira,

ry), is obliged 10 rellore il tQ the dcpofitar,

are..arel

is bargaioed for by tbe depofitary for his care, it reCol,

ves ioto Ihe cootraél of locacion, As Ihis conHa(l is grll–

tuitous, lbe depoGtary is .only anrwer..

ble.for.th~

~onfe.

queDces of groCs oeglel!; but ,rter the depofit is re4e.

manded, he is accountable eveq for

caC~al

mi!rprtuncs,

He is intitled to a full iodemnific.ation for r,he lo[es

.h~

has Cunaioed. by .thc edntraé!, and lO the

re~overy

of al\.

fums expended by bim on Ihe Cubjea.

11.

An obligationariCes without formal pallion, barely–

by a travelter'! entering imo an

iQ~,

{hip,. or fiable,. ando

tbere dcpofiting his goods,

puttiog up his

~orCes

whereby theionkeeper, Ihipmafler, or fl-abler, is aceount·

able, oot only for his own fanl and thofe or his

[va.ot~

(which is ao obligation impl,ca io

th~

ve,y exerciCe'of

théCe employments), but

~f, tb"~

olher guens or pa[engers;

aod, indeed, io every cafe, uolefs where the goods bal'lI

been Ion

damnD ¡a/ali,

or carried olf

-pirms Or boufe,

breakers. Not oMly the mallersof fhips but their employ–

m, 'are liable each of them for the fhare that he has io

the Ihip; but by the prerent cullomof 'tradiognations, tho

goods brought ioto a fhip mun llave beco:delivered .to the

maner or male,

.eomed intothe .alip'bocks• .

Carrier~

fall withio Ihe

'int~nd'OIent

of this la,w; and prallice has.

extended 'it to viotaers wiihin borough. The extent ·of

the damage Cuflained by tbe parly mq be proved

hi~

olVn oath

ill

liltm.

12.

Scquenratioo. ",hethcr voluntarily confcnted to

by the pmic!r or

authorif~d

hy Ih: judge, is a kiou of

dC2Cút.;