valid on any other principle than that of the annulment of the debt__
It is otherwife where the plaintiff claims fome fpecific article in the
poffefiionof the defendant, who acknowledges the fame, and another
perfon, unauthorifed, gives him fomething as a compofition for his
claim,— becaufe in this cafe the unauthorifed perfon, in compounding
for his claim with the plaintiff, does virtually purchafe the article
claimed; and his purchafe of a thing from the proprietor is lawful,
although it be not in his polfeflion.
I I of a"y II- Where the compounder fays “ I have compounded for thejc
fpecific pro- “ thoufand dirms of my. own,” or “ for this flave o f my own” in which
cafethe compofition is valid ; and it is incumbent on the compounder to
mediately de- deliver over the article ftipulated to the plaintiff; becaufe, in referring
livered by the . . x 7 0
compound- thecompofition to his own property, he renders obligatory upon h'imfelf
the delivery of i t ; on which account the compofition fo made is
valid.
III. O f any III. Where the compounder fays “ I have compounded for a
thoufand. dirms,” and immediately delivers a thoufand dirms to the
which h"” plahttiff, in which cafe the compofition is valid; for on the delivery of
compounder the thoufand dirms the plaintiff obtains his objeft, and the contrail: of
delivers.) compofition is thereby completely fulfilled.
IV . Of any IV . Where the compounder fays EE I have compounded for a thouthing
for««- cl f j _7* >»i_ j 11« • 17
fftcifiei pro- land dirms, but does not deliver them; in which cafe the compofition
which the” d remains fufpended on the confent of the defendant. I f he confirm it,
'do«PnTdde-r h e becomes refponfible for the fum f t i p u l a t e d o r , if he withhold his
liver.) a (lent, thecompofition is annulled.— T h e reafon of this is that in
compofitions o f this nature, the defendant is a principal, becaufe of
their operating to free him from contention; but the compounder is
alfo a principal, becaufe o f his charging himfelf with the confideration
of compofition, either exprefsly, (as where he fays “ I am refponfible
for the thoufand d irm s ) or dire&ly, (as where he compounds for
one
one thoufand dirms, and delivers them.)— Now, if he fhould not fo
have charged himfelf, (as the prefent example fuppofes,) the contrail
of compofition continues on the part of the defendant only *; and the
validity of it confequently reftsupon his concurrence.— T h e compiler of Cafe o f a F*-
the Hedäya remarks that a fifth kind of compofition may be added to the po°unding"for
preceding: as, forinftance, where aFazoolee fays “ I have compounded
“ for this thoufand dirms,” or “ for this Have,” without referring thefe referring the
to his own property;— which fort of compofition is valid, becaufe, in property.
ipecifying the thing to bedelivered toi the plaintiff, .the compounder
does, as it were, eftablifh it as.a condition that the faid thing (hall become
the right of the plaintiff!— If, .however, the flave fihpuld afterwards
prove to be the property of another,— or, i f it flippld become
known that he was free, or a Mokat'ib or Modabbir,— or,’ if the plain- ■
tiff fhould return him, on account of a defe£t, to tlie compounder, in
none of thefe cafes is the plaintiff entitled to take any thing from the
compounder, finde he. engaged for nothing further than the delivery
of a fpecific article-, if, therefore, that article remain fife, for the
plaintiff, the contradt is valid ; if otherwife', he is not entitled to'fake
any thing from the compounder, but muft prefer his claim againft the
defendant.— It is otherwife w'here the compounder ftipulates dirms,
and makes himfelf refponfible for the fame, and they afterwards prove
the right of another, or of bad quality, and the plaintiff returns them;
for in that cafe the plaintiff is entitled to take an equal number of
good dirms from the compounder, becaufe of his having made himfelf
a principal with refpedt to fecurity: and, accordingly, i f the compounder
refufe to comply, he muft be compelled to make' the
delivery.
* T h a t is to fay, he atom is concerned in it.:
Vol. III. •C c C H A P .