O b j e c t i o n .— It would appear, from that' faying, that a knowledge
of the hire alone is requifite, not a knowledge of the ufufru
a .
R e p l y .— T h e ufufrudt is the fubjedt of the contradt, and the hire
the thing contradted for.— Now the Jubjedi is the principal in a contrail,
and the thing contracted for the dependant: as therefore a
knowledge of the dependant (namely the hire) is requifite, it follows
that a knowledge of the principal is requifite a fortiori:— confequently
a knowledge of the ufufruB is eftablifhed, from the tradition in quef-
tion, by inference;— and alfo, becaufe ignorance with . refpedt to the
fubjedt of the contract, and the return, tends to excite contention, in
the fame manner as ignorance with refpedt to the price and the article
in a contradt of fale.
T h e h ir e (o r W h a t e v er is lawful as^a price, is alfo lawful as a recompence in
r e c om p e n c e ) . . r \ , • . r may confift nire ; became the recompence is a price paid for the ufufrudt, and. is
cLahteof therefore analogous to the price of an article purchafed.— All articles,
being price, moreover, which are incapable of conflituting price, (like things not
of the defcription of firmlars, fuch as a {lave, or doth,) are never-
thelefs a fit recompence in hire, fince thofe conflitute a return con-
ffiin g o f p r o p e r t y . ,
T h e e x te n t o f T h e extent of ufufrudt may be defined by fixing a term; as in the
maybe de- hire of a houfe for the purpofe o f refidence, or the hire o f land for the
purpofe of cultivation.— A contradt of hire, therefore, ftipulated for a
certain term, to whatever extent, is valid; becaufe, upon the term
being known, the extent of the ufufrudt for that term is alfo known.
This proceeds on a fuppofition of the ufe not being various.— Where,
however, the ufes to which the article is to be applied are various, the
ufufrudt cannot be afcertained by the mere declaration of a term; as
in the cafe, for inftance, of hiring ground, for a certain term, for the
purpofe of cultivation, which contradt is invalid unlefs it exprefs the
particular fpecies of cultivation, fince fome modes of tillage are injurious
nous to the land, and others are not fo.— It is to be obferved that the
expreffion of our author “ for whatever term,” denotes that hire is
valid, whether it be for a,long.or a fhort term, as the term is afcertained,
and men, moreover, frequently require a long term. If,
however, the Mootwalee [procurator] o f a charitable appropriation
let out the appropriated article, the hire of it for any long term is made
unlawful, left the leflee might be enabled to advance a claim of right
to it.— Hire for a long term, fignifies for any term beyond three years.
This is approved.
U s u f r u c t may alfo be. afcertained by a fpecification of work, as
where a perfon hires another to dye or few cloth for him, or an
animal for the purpofe of carrying a certain burden, or of riding upon
it a certain diftance,— becaufe, upon fhewing the cloth, and mentioning
a particular colour, and the degree o f the dying (fuch as dipping
once or twice, for inftance) in the firft cafe,— or explaining the nature
of the needlework (fuch as whether it is to be after the Perjian or
Purkijh fafhion) in the fecond cafe,— or explaining the weight and nature
of the load in the third cafe,— or the length of the journey in the
fourth cafe,— the ufufrudt is fully afcertained; and the contradt is confequently
valid.— It moreover frequently happens that a contradt of
hire is a contradt for work, as in the cafe of hiring a fuller or a
taylor, where it is requifite that the work be particularly fpecified. It
is alfo fometimes a contradt for ufufruB, as in the cafe of hiring a do-
meftic fervant; and in this cafe a fpecification of the term is requifite.
o r ( in h i r in g
/ tr u a n t s ,& c .)
b y fp e c i f y in g
th e w o r k to
b e p e r fo rm e d ,
U s u f r u c t may alfo be afcertained by fpecification and pointed re- or b y fpedfi.
ference; as where a perfon hires another to carry fuch a particular
load to fuch a particular place; becaufe, upon feeing the load and the ference-
place to which it is’to be carried, the fervice to be performed is pre-
cifely afcertained; and the contradt is confequently valid.
S f a C H A P -