The manager
may be re-
flriiled, in his
tranfaftions,
to particular
perfons.
this inflance has exprefsly declared that “ he Jhatt not make a pur-
“ chafe out of the market-place;”— and the proprietor is authorized
to lay this reflriflion.— The rejlriilion here mentioned is to be under-
ftood in the proprietor faying to the manager, “ I give this flock to
“ you on condition that you aft with it in fuch a m a n n e r that
“ you purchafe cotton with it,” for example;)—or, on condition that
“ you employ it in fuch a place-,” — and fo alfo, from his faying,
“ Take this flock and employ it in Koofa-,” or, “ Take this flock
“ on condition of half the profit arifing from it in Koofa,”— If,
however, the proprietor were fimply to fay, “ Employ this flock in
“ Koofa,” the manager may then employ it in Koofa or out of
Koofa.— T h e proofs, upon thefe points, are connefted with Arabick
grammar. - '
If the proprietor fay to the manager, “ Take this flock, on con-
“ dition that you purchafe and fell with it with a particular perfon,”
fuch reflriflion is valid, being founded on the particular credit in bu-
finefs of the perfon to whom it relates.— It is otherwife where he fays
“ Take this flock on condition that you purchafe with it from the
“ people of Koofa,” or “ fell it to them;”— or, “ Take this flock for
“ a &V/’-fale, on condition that you purchafe with it from Sirrfifs,
“ [bankers] or fell it to them;”— for if the manager, (in th z former
inflance,) fell the flock in the city of Koofa, to a perfon who is not
an inhabitant o f that city, or (in the latter inflance) fell it to fome
one who is not a Sirrdf, his aft is lawful;— becaufe the fir ft o f thefe
reftriftions is. merely a reflriflion in point of place-, for as the people
o f Koofa are all different in regard to their judgments and manner of
tranfadting bufinefs, the reflriflion to them in general could be attended
with no advantage, whereas the reflriflion to the place is advantageous
in regard to the prefervation of the flock: and the feeond
o f thefe reflriflions is a reflriflion to a particular mode of fale;
for as he did not confine the reflriflion to any one individual,
but to a particular fet of people who profecute the bufinefs
of
of Sirrdf}*, it is evident that the reflriflion was meant merely to a S ir/
fale.— Such is the meaning, in common acceptation, of the reflriflion
in thefe two particular cafes; but not in others. ■
If the proprietor limit the Mozdribal to a particular period, the The 'contract
contradl becomes null at the expiration of that period; becaufe. as this bf -re: r 7 ltneled,m its is a commyjion oj agency, its continuance is therefore reftricled to the" operation, to
period fpecified; and as the reflriflion of its duration may be advan- period!0“ 1^
tageous, it therefore operates in the fame manner as a reflriflion to
a particular place, or to a particular mode o f fale.
A manager is not at liberty to purchafe, with the flock, a flave, Noth;n can
; who Would become free by being transferred to the proprietor, whe- be purchafed,
ther from the circumflance of affinity, or from any other caufe, (as if p a w S h
the proprietor had already vowed to emancipate him,)—becaufe the T p r o pm y ?
| contradl has been made with a view to the acquijition o f profit, which in. \irtPe.°f
can be obtained only by repeated ails, fuch as previous purchafe and refpea to the
fubfeqUent fale-, and to this lafl the freedom of the flave operates as a *>foprIetor‘
bar:—and for this reafon the purchafe of all’ fuch things as do not become
property in virtue of feizin, (fuch as wine, or carrion), is not
: comprehended in a Mozdribat contradl. (It it otherwife with re-
fpeft^ to the purchafe of a thing' under an invalid fa le ; for this is
comprehended in a Mozaribat contradl, fince the manager may lawfully
fell that thing again after feizin; and confequently profit, which
is the objedt of the contradl, may in that cafe be obtained.)—If, therefore,
a manager purchafe a flave who becomes free with refpedl to
the proprietor of the flock, fuch purchafe is not included in the“
Mozdribat flock, but is confidered to have been made for the ma-
* Strrafis derived from Sirrif, which fignifies a f u n fale , or the a£t o f exchanging one
ort olffecie for. another: hence S ir rd f means not only a banter or money changer, but-alfo
anyone whofq dealings are of that nature, and confequently a negotiator of S irf fales. ' , • 0 J
nager