■ |H it flood at the time of dying, and fufferit to remain with the ufurper.
It is to be obferved that, on the manager becoming a partner in the
cloth in confequence of the dying, he is not refponfible for any thing,
becaufe the proprietor’s dire&ion to him, “ to a£t accorcling to his
owu difcretion,’'’ comprehends a liberty to. the manager to mix
his own property with the Mozdribat flock; as was before mentioned.
S E C T I O N .
Cafe o f lofs I f a manager, having one thoufand dirms in his hands, under an
o f the flock c 7 i r i r , r , .
after a profit agreement or half the propt, purchale linen (for mftance) to the
acqSfedand a-mount ° f °P? thoufand dirms, and fell the fame for two thoufand
a debt incur- dirms, and again purchafe a Have for two thoufand,— and Ihould not
*d upon itpay
the price of either article, (that is, of the c!oth> or o f theßave^)
until fuch time as thefe two thoufand. dirms perifh in his hands, in this
cafe the proprietor of the flock muft make fatisfaclion to the amount
qf fifteen hundred dirms, and the manager to the amount of five
hundred ; and. one fourth of the Have appertains to the manager, and
three, fourths to the Mozdribat■ flock.— T h e compiler of the Heddya
remarks that what is here faid is the neceffary refuk of the cafe; for
thé whole of the price is incumbent upon the manager, (fince be is the
contracting party in the purchafe;) but yet he is entitled to call upon
the proprietor of the flock for- fifteen hundred dirms; the proprietor,
therefore, is refponfible for fifteen hundred, (at the end o f the tranfac-
tion, not at the beginning of it,) for this realbn, that when the Mozd-
rihaiApek* was converted into cafh, a profit appeared upon it, of
which five hundred dims ga to the manager: confequently, upon his-
Namely, the linen.
puichafing
purchafing the Have for two thoufand, he purchafes one fourth of the
{lave on his otvn account, and three fourths oil account of the M ozirh
bat, (according to the divifion o f the two thoufand;) and upon the
two thoufand p e rilin g , the price of the Have is due from him, as it
is he who made the bargain for him ; but he is entitled to call upon,
the proprietor for three fourths of the price, becaufe h e ad s a's'his
agent in the purchafe theréóf. The manager’s fhare, which is one
fourth, is detached from the Mozdribat flock, for that is fecured;
(that is to fay, it is incumbent upon the manager to give one fourth
of the price to the fellers [of the Have and cloth] after the deftru&iort
fifth e fe c i; ) but the Mozdribat flock is a irufi\ and a property/r-
euredis inconfiflent with a property in iru/t: it is therefore indifpen-
fable that the manager’s fhare be fo detached ;_aftd three fourths of
foe flave Continue in the MozdribaT{te&, for in that there »nothin*
inconfiflent with Mozdribat:— confequently the capital then become?
two thoufand fiv e hundred, becaufe the proprietor o f the flock has foven
to the manager, in the fir jl inffance, one thoufand dirms, and fifteen
hundred in the fiecond m ftmee.— The flave, however, cannot be fold,
fo as to make any profit of him, for lefs than two thoufand, becaufe
he has been bought for two thoufand.— W ith refped iff what is above
faid, that “ the fourth o f the flave is detached1, and the other three
“ fourths continue in the Mozdribat flock,” — the ufe o f this appears
where the manager fells the Have (fuppofe) for four thoufand dirms ^
for in this cafe the capital, which is two thoufand five hundred dirms,
muft be dedufted from that proportion which appertains fo theMozd-
rèdf, which is three thoufand dirms,— and confequently a profit of
five hundred remains to be fhared between the parties.
I Ip the g ® § É be pofïêffed ó f one thoufand dirms, and the pro- CafeSöfrate
pnetor of theflock purchafe a flave for five hundr e&dirms, and fell him by the em'
to the manager in return for the capital flock, (namely, one thoufand
m ’J he Ith« manager] is confidered as felling him [the flave] by a
^ k 3 Morabihat