I f it be returned
by a
Jiranger,' the
borrower is
refponfible.
Terms in
which a contrail
o f loan
with refpeil
to land mufl
be exprcflcd.
If a borrow.er ftiould fehd the quadruped to''the proprietor by
the hands of a ftranger, he becomes in 'that ‘caie Telpobhble' for
it, and muft: make .'good the value in the event of its lofs._It js
to be obferved that this cafe deems- to imply the' illegality df a fe r-’
rower’s dcpojiting a loan with a ftranger; lince, if that were lawful
he would not, in the prèfent inftance, be refpohli-ble.— Such alfo is
the opunon of fome of - our modem dodors.— Others of them have
laid that it is lawful for a borrower to depofit the loan, becaufe
the contrail: of depofit is inferior to that of loan; and they
have reconciled the doctrine, in the prefent cafe, by obferving
that the borrower does neceffarily become refponfible.; on fendiiw
the loan by a Granger, fince from th e ; moment of his com
igning at to, a,, ftranger the loan determines, and beino- ,no
longer a borrower, he becomes- of confequence refponfible.— Our
doftors, howeyer, do not admit the legality of a borrower’s, de-
pofit, unlefs he be the borrow.er of a borrower, which in fadt.is not
a borrower.
If a perfon lend a piece of fallow ground to another, that he
may cultivate it, the. borrower muft infert, in the contraft of loan,
the words “ You have given me to eat of this land.”— This is
according to Haneefa. The two difciples have faid that the term
Ar£eat or loan be inferted; becaufe the term M e a t is particularly
ufed to exprefs a loan ; and it is preferable that a contract
o f loan be expreifed in terms particularly appropriated to loans;
as in the loan of a houfe, for inftance, where the borrower ex-
preffes the contrail “ You have lent me this houfe.” , T h e argument
of Haneefa is, that the words “ You have given , me to eat
J ° f Iand>” are more expreffive of the fed, fmce the term
Itaam [giving to eat] is particularly reftrided to the produce of
land-, whereas the words “ You have lent me this ground,”
may
may apply to any other objed, fuch as building, or the like.——
The ufe of the former, therefore, in the cafe in queftion, is by
much the moft advifeable.— It is otherwife with refped to a hatife,
becaufe the loan, o f it is given for no other purpofe than that of
refi deuce.
VoL. III. P P H E D A T A .