in the café in queRion.— But if the primary manager agree to give the
iecondary one two thirds of the profit inftead of one half, then The proprietor
is entitled to one half, and the fecondary to the other; and the
principal manager muff make good to the fecondary, from his own
property, to the amount of one third of the profit, in order that a
complete fhare of two thirds may be thus rendered to him; for here
the primary manager ffipulated to the fecondaiy a thing which was the
right of the proprietor; and hence, in refpedt to the proprietor, his
agreement is of no efFedt, fmce, if fuch were the cafe, it muff necef-
farily follow that the condition he had himfelf efiablilhed was null ;—
yet there is no illegality in referring the obligation of it to his own
perfon, fince if relates to a fixed and certain objedt, interwoven in a
contradt which he was competent to make. Hence he becomes re-
fponfible for the fafe delivery of two thirds to the fecondary, and con-
fequently the difcharge of the fame is incumbent upon him. Befides,
he has deceived the fecondary in the body of the contradt, which is a
caufe of recourfe, that is to fay, entitles the fecondary to revert
and have recourfe to the principal;— in the lame manner as where a
perfon has been hired to make a garment for one dirm, and he again
hires another to do. the work for one dirm and an half,— in which
cafe the fecondary hireling is entitled to an half dirm from the
property of the principal hireling;— and fo likewife in the prefent
cafe.
S E C T I O N ,
Ia e ft°nulate • *F * manager % ulate to give one third of the profit to the pro-
a proportion prietor of the hock, one third to the' Have of the proprietor, (on con-
dition of alfiflance in the labour,) and the remaining third to himfelf,
the proprie- it is lawful, whether the have be indebted or not,- becaufe the feizin
o f a have is valid; (efpecially where he is a Mazoon, or privileged
vileged ifeve; and in the prefent cafe the Have is privileged, inafmuch
as the condition of fiis working with the manager endows him with a
privilege; and agreeably to the rule ,of the feizin of a have being
vahd a mafier is not permitted to take from a trufiee the depofit
which may have been made by his Have, although the Have be not
privileged-,; and on the fame principle, alfo, a mailer may fell any
thmg to h.s Have, provided he be p r iv ile g e d :)-,^ the feizin of
the flave being valid, it follows that the condition o f his uniting
m the management is not repugnarit either to the delivery of the
Hock , or to the diflmdhon between the Jlock and the manager:
the condition ,s therefore approved +. (It is otherwife where
it is made a condition that the proprietor of the Rock lhall himfelf
work becaufe that is preventive of a delivery %,. and confidently
invalid, as has been already explained.)— The contradt o f Moldribat
e t e l o r e ^ n ^ , one third o f the profit goes to the manager,
.nd two thirds to the proprietor of the Rock; becaufe the earnings o f
the flave are the property o f the maRer, i f he be not indebted; and if
e e indebted they are the property o f the creditors.— T h e dodtrine
; here laid down proceeds on a fuppofition that t h H H and not the
— concluded A e contradt of M o z d r i b a t \ { H J H L
I f I Hi 1Ut0 a COntraa of Mozdribat with a Rranger, flipu- ?ngage' in
lating that his maRer lhall aft with the manager in the management ■ ■
provided'the Rave be free from
debt becaufe n that cafe the Mozdribat Rock is the property of the ■ I
^ R e r § ; and as it is flipulated that the maRer lhall unite in the .
* T o the Have, for the purpofe of management.
to the fl?v.eflffoer T e e lef o f mak!ng f™ " > * would follow that a delivery o f the f lo ck
1 W° Uld> in be a o f ft to thepro-
’ matter, and confequently the con tra« would be rendered m ga»ry .
'he U « f UCh deI‘Very WOuld be a return o f ;t ‘ 0 the proprietor., which would invalidate
11 2 management,