The eompsft
cannot be
diffolved by
either party,
but under
fome plea or
pretext.
A compaft
may be entered
into
whilft the
fruit is green;
but not after
i t is ripe.
and vines only; becaufe the validity of fuch Compa&s- & founded o il
the fentence o f the prophet regarding K h e e b irwhich is confined-
folely to thefe two. T h e argument of our do£tors«is,. that the validity
of fuch compacts is founded on their utility,, and confequently is,
eftablifhed regarding.other things- as well as dates and vines and in,
anfwer to Shafei, it is>obferved, that the fentenee of the K oran regarding
Kheebir does not admit of fo confined a conftruftion; for the-
inhabitants of that country cultivated, all kinds of trees and herbs.
T he proprietor of the orchard cannot diffoLve the compaft unlefs-.
he have fome plea for fo doing, fuch as. when. the. claims of his creditors
oblige him to.fell it. In the- fame manner alfo, the gardener
cannot ceafe to work, and thereby diffolv-e the compaft unlefs he adduce
fome plea, fuch as ficknefs. It is. otherwife in compacts of
cultivation.} for (as-has been already obferved) in thofe inftances the;-
party who fupplies the feed is at liberty to diffolve die compact at any
time previous to the fowing.
If two men enter into a compact of gardening,, to this effedt,. that
the one fhall, deliver over to the other his date orchard, at a time when-,
the fruit has already appeared, but is- flill. very fmall, and may, by
watering and proper care,, become full and large, it is valid;— whereas,
if the fruit were arrived, at perfection,, and were incapable of being,
further improved by care, it would be invalid. Ih the fame manner
alfo, if two men enter into a compact o f cultivation, by which it is
agreed, that the one fhall, deliver over to the other his crop, being
yet green, and unfit for reaping, the compaft is valid;,, whereas i f the
crop be fit for reaping it is invalid. T h e reafon of this is, that the-
labourer is entitled to a fhare of the produce on account o f his labour;:
but i f the compaft were to hold good when his labour can have no
effeft, he would be entitled to a fhare without labour, and. this is not
admitted in the l aw .
W hen
W hen campafts o f gardening are invalid, the gardener is entitled
to fuitable wages, as an invalid compaft of gardening is equivalent
to an invalid contract of hire, and therefore refembles an invalid compaft
of cultivation.
I f , in a compaSt of gardening, one:of .the parties fhould die, the
compact becomes null, becaufe it is in reality a contract of hire.— -If
the -owner of the .orchard die whilft the fruit is yet green, the gardener
may continue to work as ufiial until it be ripe, notwithflanding
the diffent o f the heirs,— (This proceeds upon a favourable conftruc-
tion; for -by continuing the compact, the gardener is -prevented from
fuffering an injury, and none is occafioned to the heirs.)— But i f th e
gardener fhould rather chufe to fubmit to the injury, the heirs have in
that cafe three things at their option;— ih other words, they may
-either divide the green fruit, agreeably to the proportion ftipulated,—
■ or, they may keep the whole of the .green fruit, and pay to the
gardener th e value o f his proportion,— or, laflly, they may take care
o f the fruit until it be ripe, and expend fuch fums.as may be neceflary
for that purpofe, and afterwards recover a proportionable part of the
expence from the fhare of the gardener;— -for the gardener is not at
liberty to occafion an injury to the heirs.
If the gardener die, his heirs may continue to work, although the
proprietor fhould not confent thereto, becaufe it tends to their mutual
benefit. If, on the contrary, the heirs of the gardener decline working,
and rather chufe to gather the fruit whilft.it is Hill green, the
proprietor of the orchard has the three things in his option, as mentioned
above.
If both the parties die, the heirs of the gardener may continue to
w o rk ; for as, if the gardener had lived, and the proprietor of the
orchard had died, he [the gardener] might have continued to work,
it follows that his heirs, as being his fubftitutes, have the fame thing
I 2
I f the compact
be in valid,
the
gardener gets
wages.
T h e comp aft
is annulled by
the deceafe o f
either party.
—-Rules in
cafe o f the
proprietor dying.
Rule in cafe
o f the gardener
dying.
Rule in cafe
o f both parties
dying.
in