I f it be the
proprietor who
thus gets the
produce, he
may keep the
whole;
but i f the cultivator,
he
muft beftow
the furplus in
charity.
T h e party
who agrees to
fupply the
feed is at
liberty to re-
trafl previous
to the fowing;
of cultivation being, in fact, a contrail of hire in this inftance ;) and
the ufe of the cattle and the ufe of the ground are ufes of different
kinds.
W here the proprietor of the ground, in confequence of having
fupplied the feed, is entitled to the produce, he may lawfully, on the
compact proving invalid, enjoy the co/cy/c, fince it was yielded from
ground which was his own property. If* ou the contrary, the cultivator,
in confequence of having fupplied the feed, be entitled to the
produce, he is to referve for his own ufe a quantity equal to the feed
he fupplied, and alfo a quantity equivalent to the rent he is to pay to
the proprietor of the ground,— and the reft of the produce he muft
apply to charitable purpofes; becaufe the produce fprings from the
feed, but grows out of the ground, whence his right to the ufe of
the ground is invalid ; and as invalidity in regard to the ufe occafions
a bafenefs in*regard to the product, it follows that what remains with
him as a return is lawful to him, and that every thing elfe muft be
bellowed in alms.
■ W here two men enter into a compadt of cultivation, and he who
was to fupply the feed afterwards retradts, previous to the fowing,
the Kdzee muft not compel him to abide by the compadt, becaufe he
cannot abide by it without fuftaining an immediate lofs from the fow-
ins of his feed, and the cafe is therefore fimilar to where a man hires
another to break down his houfe, in which inftance, if the hirer were
to retradt, the Kdzee could not compel him to abide by his agreement.
If, on the contrary, the party retradt who was not to fupply the
feed, the Kdzee may compel him to fulfil the compadt; for m lo
doing he does not fuftain any lofs; and compadts of cultivation, like
compadts of hire, are binding, unlefs when fome plea can be alleged
fufficient to diflolve compadts of hire, in which cafe a compadt of cultivation
is alfo diflolved.
If
If the proprietor of the' ground, being to furnifti'the feed, Ihould
retradt, after the cultivator has tilled the ground, the cultivator is
not entitled to receive any thing for the work he has performed.
Some, however, are of opinion, that although, in point of law, there
be no compenfation due to the cultivator, f i ill, in point o f confidence,
it is incumbent on the proprietor of the ground to fatisfy the
cultivator for the work he has performed, as he has been deceived in
this inftance.
W hen one of the parties dies, the compadt of cultivation, like
compadts o f hire, becomes diflolved. (T h e reaflon of this is fully
fet forth in treating o f Hire.) t ' 1
I f a man give up a piece o f ground to another for a term of three
years, and afterwards, when the firft year’ s crop has begun to grow,
but is ftill unfit for reaping, the man die, the ground, in this cafe,
remains in the hands o f the cultivator until the crop be fit for reaping,
and the produce is then divided according to the conditions of the
compadt; and the compadt is diflolved with relpedt to the remaining
two years of the term ; becaufe analogy would fuggeft that it discontinues
even for thz fir jl year, as the duration of a compad depends
oh the duration of the parties ; but it is continued throughout the jir ji
year, in order to the prefervation of the rights of both parties, (that
is, the cultivator and the heirs of the proprietor,) fince, if it were to
difeontinue, the cultivator would fuftain an injury. It is otherwife
in regard to thefecond and third years, becaufe in the difeontinuance
of the compadt for thofe years no injury is fufta'ined by the cultivator;
and accordingly the compadt is diflolved for thofe years, agreeably to
analogy.
If the proprietor of the ground die after the cultivator has
ploughed the land, and dug rivulets for watering it, but previous to
the crop appearing, the compadt is difl'olved, fince in fuch cafe the
V o l . IV . H diflolution
and i f the
proprietor o f
the ground
thus retratt,
the cultivator
is not entitled
to any thing.
The compaft
is annulled
on thedeceafe
o f either
party.
I f the proprietor
o f the
ground die,
when the
crop has appeared,
the
compact is
diflolved at
the end o f
that ye ar ;
but i f he die
before that, it
is diflolved
immediately.