Encyclopaedia Britannica; or, A dictionary of arts and sciences, compiled upon a new plan … > Volume 2, C-L

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reduced into writing. A deed appearing in the cuftody
of the grantee himfeif, isconfidered as hisabfolute right ;
in fo much that the granter is not allowed to prove that
it was granted in truil, otherwife than by a written de¬
claration figned by the truflee, or by his oath,
21. The following deeds are efFedlual without delivery,
x. Writings containing a claufe difpenfing with the de
livery: Thefe are of the nature of revokable deeds, where
the death of the granter is equivalent to delivery, becaufe
after death there can be no revocation, 2. Deeds in fa
vour of children, even natural ones; for parents are the
proper cuflodiars or keepers of their childrens writings.
From afimilar reafon, poftnuptial fettlements by the huf-
band to the wife need no delivery. 3. Rights which
are not to take efFeft till the granter’s death, or even
where he referves an intereit to himfeif during his life ;
for it is prefumed he holds the cuftody of thele, merely
to fecure to himfeif fuch referved intereft. 4, Deeds
that the granter lay under an anrecedent natural obligation
to execute, e.g. rights granted to a cautioner for his re¬
lief. J. Mutual obligations, e.g. contra&s; for every
fuoh deed, the moment it is executed, is a common evi
dent to all the parties contra&ers. Lallly, the publi¬
cation of a writing by regiftration, is equivalent to deli¬
very.
Tit. 22. Of Obligations and Cmtratls arifing
from Conjent, and of accejfory Obligations.
Contracts confenfual, i. e. which might, by the
Roman law, be perfeAed by foie confent, without the
intervention either of things or of writing, are fale,
permutation, location, fociety, and mandate. Where the
fubjeA of any of thtfe contradls is heritable, writing is
neceflary.
2. Sale is a contraA, by which one becomes obliged to
give fomething to another, in confidfcration of a certain
price in current money to be paid for it. Things confid¬
ing merely in hope, may be the fubjeA of this contraA,
as the draught of a net. Commodities, where their im¬
portation or ufe is abfolutely prohibited, cannot be the
fubjeA of fale; and even in run goods, no aAion lies
againft the vender for not delivery, if the buyer knew the
goods were run.
3. Though this contraA may be perfeAed before deli¬
very of the fubjeA, the property remains till then with
the vender. See Tit. viii. 9. Yet till delivery, the ha
zard of hs deterioration falls on the purchafer, becaufe
he has all the profits arifing from it, after the fale. On
the other hand, the fubjeA itfelf perifhes to the vender;
j. If it Ihould perilh through his fault, or after his un¬
due delay to deliver it. 2. If a fubjeA is fold as a fun¬
gible, and not as ?n individual, or corpus, e.g. a quan¬
tity of farm-wheat, fold without diftinguilhing the parcel
to be delivered from the reft of the farm. 3. The pe-
riculum lies on the vender till delivery, if he be obliged
by a fpecial article in the contraA to deliver the fubjeA
at a certain place.
4. Location is that contraA, where an hire is ftipulated
for the ufe of things, or for the fervice of perfons. He
lybo jets his work or the ufe of his property to hire, is
the locator or leftbr ; and the other, the conduAor or
leffee. In the location of things, the leffor is obliged to
deliver the fubjeA, fitted to the ufe it was let for ; and
the leifce mult preferve it carefully, put it to no other
ufe, and, after that is over, reftore it. Where a work¬
man or artificer lets his labour, and if the work is either
not performed according to contraA, or if it be infuffi-
cient, even from mere unfkilfulnefs, he is liable to his em¬
ployer in damages, for he ought not, as an artificer, to have
undertaken a work to which he was not equal. A fer-
vant hired for a certain term, isintitled to his full wages,
though from ficknefs or other accident he fliould be dif-
abled for a part oPbis time; but, if he die before the
term, his wages are only due for the time he aAuallyfer-
ved. If a mafter dies, or without'good reafon turns off,
b-.fo'rethe term, a ferYant who eats inhishoufe, the fer-
vant is intitled to his full wages, and to his maintenance
till that term : And, on the other part, a fervant who
without ground deferts his fervice, forfeits his wages
and maintenance, and is liable to his mafter in damages.
5. Society or copartnerlhip is a contraA. whereby the
feveral partners agree concerning the communication of
lofs and gain arifing from the fubjeA of the contraA. It
is formed by the reciprocal choice that the partners make
of one another; and fo is not conftituted in the cafe of
co-heirs, or of feveral legatees in the fame fubjeA. A
copartnerlhip may be fo conftituted, that one of the part¬
ners lhall, either from his foie right of property in the
fubjeA, or from bis fuperior llcill. be intitled to a certain
(bare of the profits, without being fubjeAed to any part
of the lofs; Lut a fociety, where one partner is to bear a
certain proportion of lofs, without being intitled to any
lhare of the profits, is juftly reprobated. All the part¬
ners are intitled to (hares of profit and lofs proportion¬
ed to their feveral ftocks, wnere it is not otherwife cove¬
nanted.
6. As partners are united, iromz deleftusperfona, in
ak nd of brotherhood, no partner can, without a fpecial
power contained in the contraA. transfer any part of his
lhare to another. All the partners are bou id in folidum
by the obligation of any one of them, if he fubfcribe by
ioe. firm or focial name of the company; unlefs it be a
deed that falls not under the common courfe of admini-
ftration. The company-effeAs are the compahy property
of the fociety lu^jeAed. to its debts ; fo that no partner
can claim a divifion thereof, even after the fociety is dif-
folved, till thefe are paid: And, confequently, no cre¬
ditor of a partner can, by diligence, carry to himfeif the
property of any part of the common ftock, in prejudice
of a company-creditor: but he may, by arreftment, fe¬
cure his debtor’s lhare in the company’s hands, to be made
forthcoming to him at the clofe of the copartnerlhip, in
fo far as it is not exhaufted by the company debts.
7. Society being founded in the mutual confidence a-
mong yhefocii, isdiftblved, not only by the renunciation,
but by the death of any one of them, if it be not other-
wife fpecially covenanted. A p^tner, who renounces
upqn unfair views, or at a critical time, when his with¬
drawing may be fatal to the fociety, loofes his partners
from all their engagements to him, while he is bound to
them for all the profits he ftiall make by his withdraw-