Table of Contents

SECTION III – OF THE OBLIGATIONS OF HIM BY WHOM A DEPOSIT HAS BEEN MADE

Art. 28. He who has made a deposit is bound to reimburse the depository the money he has advanced for the safe keeping of the thing and to indemnify him for all that the deposit has cost him.
He is to indemnify the depository for the losses which the thing deposited may have occasioned him.
The depository may detain the deposit until repaid what he has advanced, and indemnified for his costs and losses, by the owner.

 

SECTION IV – OF THE NECESSARY DEPOSIT

Art. 29. The necessary deposit is that which had been compelled by some accident, such as fire, falling down of a house, pillage, shipwreck or other casualty.
The deposition on oath, or affirmation of a single competent or credible witness may be sufficient to prove a necessary deposit, even when the amount of the thing deposited exceeds five hundred dollars.

Art. 30. An Inn keeper is responsible, as depository, for the effects brought by travellers, who lodge at his house; the deposit of such effects is considered as a necessary deposit.

Art. 31. An inn-keeper is responsible for the effects brought by travellers, even though they were not delivered into his personal care.

Art. 32. He is responsible if any of the effects be stolen or damaged, either by his servants or agents or by strangers going and coming in the inn.

Art. 33. He is not responsible for what is stolen by force and arms or with exterior breaking open of doors, or by any other extraordinary violence.

Art. 34. The deposition on oath of affirmation of a single competent and credible witness as to the deposit at inns, may be admitted as a good proof, even when the value of the thing so deposited exceeds five hundred dollars, but the judge must admit this kind of proof in that case, with circumspection according to the circumstances of the fact and the condition of the parties.

 

CHAPTER III – OF SEQUESTRATION

 

SECTION I – OF ITS DIFFERENT SPECIES

Art. 35. Sequestration is either conventional or ordered by the judge.

 

SECTION II – OF THE CONVENTIONAL SEQUESTRATION

Art. 36. Sequestration is a kind of deposit which two or more persons engaged in litigation about any thing, make of the thing in contest, to an indifferent person who binds himself to restore it, when the issue is decided, to the party to whom it is adjudged to belong.
The depository in this case is called the sequestrator.

Art. 37. A sequestration may be not gratuitous and then it is rather a contract of hiring than of deposit.

Art. 38. When it is gratuitous, it is a real contract of deposit, subject to all the rules which apply to that contract, save the differences hereafter explained.

Art. 39. A sequestration has this difference from a deposit, that it may have for its object, not only moveables and slaves but also real property.

Art. 40. The depository under this title, is not to restore the thing deposited, till after the decision of the suit, and then he must restore it to the party to whom it is adjudged.

Art. 41. He cannot even till then exonorate himself from the care of the thing sequestered in his hands, unless for some cause rendering it indispensable that he resign his trust.
In that case he can deliver up the thing only to a person agreed upon by the parties concerned and in case they do not agree, he must cite them to have a new sequestrator appointed.

 

SECTION III – OF THE JUDICIAL SEQUESTRATION OR DEPOSIT

Art. 42. The judicial deposit is that which is made in consequence of an order or judgement rendered by a judge of a competent jurisdiction, to wit:
1st, With respect to moveables or immoveables seized from a debtor;
2d, With respect to immoveable property or to a thing moveable, the property or possession of which is in litigation between two or more persons
3d, With respect to the things which a debtor tenders for his discharge.

Art. 43. The appointment of a judicial guardian produces between the person seizing and the guardian, reciprocal obligations. The guardian must use, for the preservation of the effects seized, the care of a prudent father of a family, he must produce them either for the discharge of the person who has seized them for the sale, or to the person against whom the execution was levied, in case the seizure be replevied.
The obligation of the party that has seized the property consists in paying to the guardian his legal fees.

Art. 44. A judicial sequestration is granted either to a person agreed upon by the parties or to a person appointed ex officio by the judge, if there is no public officer appointed by law for that purpose.
In any case the person to whom the thing is entrusted is subject to all the obligations incident to the conventional sequestration.




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