oM: II I R E. Book XXXI.
fince- what was contracted for has been in part performed in this
inftance.
If a perfon hire another to carry wheat to a certain perfon at
Bafra, and he accordingly carry the wheat to Bafra, and then find
the perfon dead to whom it was configned, and he bring back and return
the wheat to the hirer, he is not entitled to any thing whatever,
according to all our doctors, as he has failed in the performance of what
he had contracted for. It is otherwife (according to Mohammed) in
the cafe o f the letter, becaufe in that cafe (agreeably to his tenets)
the journey w.as the thing contracted for, as has been already
explained.
C H A P . III.
O f Things the Hire of which is unlawful or otherwife;
and of difputed Hire,
A houfe or I t is lawful to hire a houfe or Ihop for the purpofe of refidence, al-
ftopma y te f lH f l j HI mention be made of the bufinefs to be followed in it; behired
with- uluuo“ ■' . . . . . ..
out fpecify- caufe, as the oftenfible purpofe to which it is to be applied is repdence,
but- this muft be taken for granted; and refidence does not admit of va-
Hm H rious defcriptions. T h e contrad in queftion is therefore valid; and
it, the leffee is at liberty to carry on in the place any bufinefs he pleafes,
unlefc it be as the cafe is abfolute. A blaekfmith, however, or a fuller or
ofa nature miller muft not refide in the houfe, as this would be evidently in-
S T S in g . jurious, fince the exercife of thole trades would Ihake the building.
Although, therefore, the contraft in queftion be abfolute, ftill it is
virtually reftricted to what may not be injurious to the building.
It
C h a p . III. H I R E .
I t is lawful to hire land for the purpofe of cultivation , as this is
the ufe to which land is commonly applied. In this cafe alfo, the hirer
is entitled to the ufe of the road leading to the land, and likewife to
the water (that is, to his turn o f watering) although no mention of
thefe be made in the contract; becaufe land is hired with a view to
the ufe of it, which cannot be obtained without a right to road and
water:— both are therefore included, although no mention o f them
be made at the time o f concluding the contract:— in oppofition to a
cafe of/ale ; for in that inftance a right to road and water is not in-
cludedun lefs particularly fpecified, the end of fale being appropriation,
not prefent ufe; whence it is that it is lawful to fe ll an. afs’s colt, or
faltpetre grounds^ but not to hire them.
A lease of land is nof valid unlefs mention be made of the article
to be raifed in i t ; becaufe land is hired, not only with a view to
cultivation, but alfo for other purpofes, fuch as building, and fo forth ;
moreover, the articles' fown in .the land may be of different qualities,
fince forfte Vegetables comec quickly to maturity, whilft others
are flower of growth. It is therefore requifite that the article be
fpecified, to avoid difputes between the leffor and leffee ; or, that the
leffor declare “ I let the land on this condition, that the leflee fhall
“ raife whatever he pleafes in it,” in which cafe, as the leffor exprefT-
ly leaves the leffee at full liberty, the uncertainty which might occa*
fion a difpute is removed.
I f a perfon hire unoccupied land, for the purpofe of building or
planting, it is lawful, fince thefe are purpofes to which land is applied.
Afterwards, however, upon the term of the leafe expiring, it
is incumbent on the leffee to remove his buildings or trees, and to re-
ftore the land to the leffor in fuch a ftate as may leave him no claim
upon it, becaufe houfes or trees have no fpecifie limit of exiftence,
and if they were left upon the land it might be injurious to the proprietor:
It is otherwife where land is hired for the purpofe of tillage,
7 and
325
In a leafe of
land, the renter
is entitled
to the ufe o f
road and w*»
ter :
but the leafe
is not valid,
unlefs the ufe
to which it is
to be applied
be fpecified.
At the expiration
o f the
leafe, the
land mull be
reftoredin its
original Hate«