An ab/olute
contract
leaves the
hirer at l i berty
to give
the ufe to
any perfon:
II I R E. - B o o k XXXI:
and the term of the lea-fe expires at a time when the grain is yet unripe;
for in fuch cafe the grain mu ft be fuffered to remain upon the,
land, at a proportionable rent, until it be fit for ..reaping* .becaufe, as
the time that may require is limited and afcertainable, it is pofiible
to attend to the right of both parties. In the cafe, on the contrary,
o f trees or buildings, it is impoffible to pay attention to the right of
both parties ; aud it is therefore incumbent on the lefïèe to remove
his trees or houfes from the land;— unlefs the proprietor of the foil
agree to pay him an equivalent, in which cafe the right of property
in them devolves to h im ; (ftill, however, this cannot be, without
the confent of the owner of the houfes or trees; except where the
land is liable to fuflain an injury from the removal,' in which’ cafe the
proprietor of the land is at liberty to give an equivalent, and appropriate
the trees, or houfes without the deffee’s confent;)— or unlefs
the proprietor of the land affent to the trees or houfes remaining
there, in which cafe they continue to appertain to the leffee, and the
land to the landlord ; for as the right of removing them belongs to
the landlord, he is at liberty to forego that ri ght. It is written in
the Jama Sagheer that i f the term of the leafe be expired, and the
land be occupied by pulfe or other garden’ fluffs, thofe muff be removed
; becaufe as thofe have no fixed term o f exiftence, they are
therefore analogous to trees.
T h e hire of an animal is lawful, either for carriage or for riding,
as to thofe ufes animals are applied. If, therefore, the riding be ab-
folutely expreffed, the hirer is at liberty to permit any perfon he
pleafes to ride upon the animal, becaufe o f the riding being contradted
for in an abjolute manner. Upon the hirer, however, either mounting
the animal himfelf, or admitting another to ride on it, he is not
at liberty to fet any perfon on it befides, becaufe the actual objedt ot
the contradt is then afcertained and determined. Men, moreover,
differ in their mode of riding, whence it in fad! becomes the fame as
if the particulars of the riding had been exprefsly ftipulated in the
contraft.
C h a p . III.
but in a re-
J ir ifte d contrail,
any
deviation
with refpeil
to the ufe
renders the
hirer refpon-
fible for the
article hired,
h i r e .
contrad. In the fame manner alfo, if a perfon hire a drefs for the
purpofe of wearing it unreftriaedly, and in an abfolute manner he
,s at liberty either to wear it himfelf, or to give it to any other perfon
to wear: but upon puttmg it on himfelf, or permitting another fo to
do, he is not at liberty to clothe any one in it befides.
M perfon let a quadruped to hire, on condition that I particular
perfon (hall ride upon it, or let a drefs to hire, on condition that a
particular perfon fhall wear it,—and the hirer fet upon the quadruped
fome other than the perfon fpecified, or give the drefs to fome other
perfon to wear, and the quadruped or drefs be deftroyed, he Tthe
h.rerjisrefponfible; becaufe, as men differ in their manner of r id L '
and of wearing clothes, the fpecification of a particular perfon is va-
l.d, and consequently it is not lawful for the hirer to fwerve there-
fom. The fame rule alfo obtains with refpedi to every thing liable
I ; bedf ren% a ffe a ed b j a different occupant: in other words, if
the perfon who lets to hire reftrid! the ufe, it is reftrifted accordingly I
I I C M therefrom’ he is refponfible in cafe of the
eftrinaion of the article, for the reafon above ftated. Land, however
| and every other article -not liable to be differently affed!ed by a dlf-
■ ■ (fuch ,as a tent or p‘million,) is not reftridied in
M B M H B B of a Particular perfon; and confequently,
| he hirer is at liberty to put any one to refide in it that he pleafe^
hncethe exclufive reftndtion is of ufe only becaufe of its preventing
difference of M M But the refidence of perfons whofe bufinefe
— ■ tenden^ to a Gilding, (fuch as blackfmiths, and fo
totth) is always excepted from the contrad!, as was before explained.
l I m fpecify S t " 311 ■ ^ the U Wb° 1 1 C
C e animal> ~aa 1 h« were to fay, for inis
in thi, ^ ° U H i °ad U WIth five H H of ™h™t;'— the hirer theartic1' ’
ca e at liberty to load the animal with an equal quantity of
any
unlefs that t
o f a nature
not liable to
injury from
fuch deviation.