246 M O Z A 1 I B A T.
thus acquired a right of tranfafting with it, the proprietor is Fully
capable of acting 'as an agent on behalf of the manager, in. tranfadtiiw
with the {lock; and as making it over in the way of Bazdt amounts
to a commiffion of agency, it follows that (in this view) the proprietor
cannot be conlidered merely as receiving back his flock. It is
otherwife where the proprietor’s uniting in the management is made a
condition of the contradl, originally, as this is repugnant to the delivery
of the flock to him for the purpofe of management, and alfo to
his taking pofleffiom of it. It is alfo otherwife where the manager
makes Over the flock to the proprietor in the way o f Mozdribat,
which is not lawful; becaufe a contrail o fMozdribat is a contrail of
partnerfhip in the profit derived from the flock of the proprietor and
the labour of the manager; and, in the cafe in queflion, none of
the flock appertains to the manager; whence, if this were allowed,
it would follow that both the flock and the labour proceed from one
party; and this .defeats the ufe o f the contrafL
O bjection..— Making it over as Bazdt alfo defeats the ufe.of a
contrail of Bazdt, as a contrail of Bazdt fignifi.es the flock being
found by one party, and the labour by another; and if, in the cafe in
queflion, this were admitted, it would follow that both the Jlock and
the labour proceed from one party.
R e p l y .— Bazdt fignifies limply, agency, and as a manager i,s endowed
with a power of tranfaition, it follows that his delivering the
flock, as Bazdt, is a commiffion of agency, proceeding from him, in
regard to a thing concerning which he is empowered.
— It is to be obferved that, the fecondary Mozdribat not being valid,
the proprietor’ s management with the property flill remains fubjedt to
the orders of the manager; and hence the primary Mozdrjbat. is not
annulled.
No part of, If the manager tranfadl his bufinefs in his own city, his main-
ger’s'expence tellance does not fall upon the flock. If, however, he travel with it,
to b ed e - his provifions and clothing are to be furnifhed out of the flock;— and
the
Chap. IV. m o z a r i b a t .
the fame, alfo, o f his conveyance, (that is to fay, it is alfo lawful
for him to purchafe or hire a quadruped to carry him from place to
place, at the expence of the flock,) for this reafon, that a fubfillence
is due to him on account of his confinement, in the fame manner as
the fubfiftence; o f a Kdzee, who, as being in a flate o f confinement, in
the exercife of his public duties, is entitled to a recompence from the
public treafury, or like a. wife, who is entitled to fubfillence from
her hufband, becaufe of her being in his. cuflody;— for the manager
fodong as he remains in his own city, refides there merely as it is°his
home, and not on account, of the Mozdribat in particular;, but upon
his travelling, he becomes, confined on behalf o f the Mozdribat and is
therefore entitled to fubfillence out of the Mozdribat f io c k .- I t is
otherwife with an hireling, who is-not entitled to any fubfillence al-
fooug|jhe travel, becaufe he is already entitled to-a cempenfation,.
namely, his wages, which are certain, and for which, i f he were fub-
lifted out of- the flock- ent-rufled to his management, there would be
no abfolute nec e f f itywhereas a manager, on the contrary, is not
entitled to any thing but his lhare of the profit; but profit is uncer-
tain; (in other words,, it is poffible that a profit maybe gained; and.
it is alfo poffible that no profit may be gained;) i f , therefore, the manager
were obliged to furnifh his own maintenance, he mio-ht be a.
lofer— It is otherwife, alfo, in a, cafe of invalid Mozdribat^beczofo
the manager,, m- fuch a cafe, is entitled to wages: and it is likewife
different from a.cafe.of Bazdt,. fince a.perfon who undertakes the management,
of a Bazdt, gives his labour gratuitoufly, and is therefore nob
entitled to a fubfillence.— It is to be'obferved that if, on the manager’s-
return into his own city, there remain any viduals or clothing in his
hands, he mull return them into the Mozdribat flock, fince hisrioht
to. thofe articles no longer remains, becaufe of his return, into his-
own city..
frayed unlefs
he travel
Ik a, manager go forth from his place of refidence to a diflance
ort 0 what, conflitutes, a journey, his maintenance does not fall upon
the
to a diftance
beyond a
day’s journey