M O Z A R I B A T . Book XXVII.
prietor, one third to the fecondary manager, and one fixth to the primary
manager;— becaufe the a<3: of the primary manager, in giving
the flock to the fecondary manager by way of Mozdribat, was lawful,
as he had the eonfent of the proprietor thereto ; but as the proprietor
ftipulated to himfelf one h a lf of the whole profit, he is therefore
entitled to it, and the remaining half is all with which the manager
has any concern; and as- he agreed to give a third of the whole
to the fecondary manager, there will remain of courfe only one fixth
of the whole to him.— One half of the profit is, in this inftance, fair
and lawful to the two managers, although the primary manager has
not employed himfelf, [with regard to the flock,] becaufe the in-
duftry of the fecondary manager is held to be that of the primary:— in
the fame manner ^as where a perfon hire# another to make him a garment
for one dirm; and the perfon fo hired hires another to do the
work for h a lf a dirm-, in which cafe, although the principal hirelino-
does no work, yet he is fairly and lawfully entitled to the profit of an
half dirm, as the work of the fecondary is confidered as his work. But
if, in the cafe in queftion, the proprietor fhould have faid, “ What-
“ ever advantage God Almighty gives to you, is between you and
“ me in an equal degree ;” then the fecondary manager is entitled to
one third, and the remainder is divided in an equal degree between the
proprietor and the principal manager;— becaufe, in this inftance, the
proprietor commits the difpofal o f the property to the firft manager,
ftipulating for himfelf one half o f the whole profit which may accrue
from i t ; and as, by this ftatement, two thirds o f the profit accrue,
thofe two thirds are equally divided between the proprietor and the
manager.— It is otherwife in the preceding cafe, becaufe there the proprietor
had ftipulated for himfelf one half of the whole profit: hence
there is an evident difference between the two cafes.
If the .proprietor o f the flock fay to the manager, “ I give this
“ -flock in order that whatever profit may refult to you therefrom be
“ equally divided between us ;” and, at the fame time, give him permiffion
million to have it managed by Mozdribat, and if, accordingly,' the
manager entrufl it to another manager with an agreement of half the
profit to him, in this cafe one half of the profit goes to the fecondary
manager, and the other half is divided equally between the proprietor
and the primary manager; becaufe the primary manager has agreed to
let the fecondary manager have one half of the whole profit, and the
proprietor of the flock having already agreed to this, the fecondary
manager is entitled to one half accordingly; and as the proprietor
aftablilhed for himfelf one half of the profit that might accrue to the
primary manager, and one h a lf only of the whole accrues to him, (as
the half which goes to the fecondary mull: neceflarily be deducted,)
it follows that this half is divided between them.
2 33
If a proprietor givê flock to any perfon by way of Mo'za-
ribat, upon condition that, of whatever advantage may accrue
theréón, one half Ihall come to him,— or that, one half of the
increafe, above the original amount, Ihall be divided equally between
him and the manager,— and at the fame time permit the manager
to entrufl the flock in the way o f Mozdribat to another,
and the manager accordingly give it to another in the way of
Mozdribat, With an agreement of one half of the profit to him,—
in that cafe the proprietor is entitled to one half o f the profit,
and the fecondary manager to the other half, whilft nothing whatever
is due to the primary manager; for the ftockholder having
conditioned for himfelf one half of the property in an abfolute
manner, one half therefore goes to him; and as the principal manager
agreed to give one half (which is the Ihare that would be due to
himfelf) to the fecondary manager, the fame muft therefore be given
to him; hence he himfelf is entitled to nothing;— in the fame -manner
as where a perfon hires another to make him a garment for one dirm,
and the perfon fo hired again hires another to do the Work for one dirm
alfo,— in which cafe the fecondary hireling would be entitled to thé
dirm, and nothing whatever would be due to the principal; and fo alfo
V ol. III. H h in