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72
THE SEA LAW OF SCOTLAND.
sort of geare as salt, corne &c. laid into any shipp
in heape by many partneres without seperacon the
mr deliver to one of them his measure and before
the rest cann receave their part it chanceth the rest
of the geare perisheth surely that measure or part
wch is delivered shall remaine with him who had the
good chaunce to receave the same. The partners
may neither doe against the mr nor him who receaved
it for any part thereof because when this kind of geare
was first laid into the shipp it was delivered to the
mr tanquam in creditum and thereby became his owne
as lent money, wch men are not holden comonly to
render againe the selfe same peeces but at the least
in the selfe same cuingzi except thereby {sic) another
speciall condicon wch in all things makes lawe, so
that as hee behooveth so might hee give first any
part thereof to any of the marchants according to
their porcon. Attour in contracts concerning both
the parties alike, men are comonly holden but where
they faile et non in casus fortuitos and in this case
it cannot be called a fault that any one receaveth
first for of necessitie it behooveth so to bee, how be
it it chanced better for him then for the rest.
Tit. 13
The common manner of contribucon and doing
therefore.
In contribucon and setting of skatts, things may
(sic) be esteemed so vz. the goods cassin according
to the price they cost and the goods wch are safe
according to the price they may be worth at the
market whereunto they come. The reason is because
that regard should be had in their chances to skath
and damage and not to any advantage and proffitt.

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