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who are born during its duration, belong to the owner. The usufructuary has only the enjoyment of their labor and services.
ART. 540.--Rents and income of property, interest of money and annuities, and other civil fruits, are supposed to be obtained day by day, and they belong to the usufructuary, in proportion to the duration of his usufruct, and are due to him, though they may not be collected at the expiration of his usufruct.
ART. 541.-The usufruct of a house carries with it the enjoyment of the house, of the profit which it may bring, and indeed of such furniture as is permanently fixed therein, even should the title by which the usufruct is established, make no mention of the same.
ART. 542.-If the usufruct includes things, which cannot be used without being expended or consumed, or without their substance being changed, the usufructuary has a right to dispose of them at his pleasure, but under the obligation of returning the same quantity, quality and value to the owner, or their estiinated price, at the expiration of the usufruct.
ART.543.-If the usufruct comprehends things which, though not consumed at once, are gradually impaired by wear and decay, such as furniture, the usufructuary has, in like manner, a right to make use of them for the purposes for which they are intended, and at the expiration of the usufruct he is obliged only to restore them in the state in which they may be, provided they have not been impaired through his fault or neglect.
And even should any of these things be entirely worn out by use at the expiration of the usufruct, the usufructuary is not bound to make good the same.
ART. 544.-The usufructuary has a right lo draw all the profils, which are usually produced by the thing subject to the usufruct.
Accordingly he may cut trees on land of which he has
the usufruct, take from it earth, stones, sand and other materials, but for his use only, and for the amelioration and cultivation of the land, provided he act in that respect as a prudent administrator, and without abusing this right.
ART. 545.-The usufrucluary has a right to the enjoyment and proceeds of mines and quarries in the land subject to the asufruct, if they were actually worked before the commencement of the usufruct; but he has no right to mines and quarries not opened.
ART. 546.—T'he usufructuary enjoys the increase brought by alluviou to the land of which he has the usufruct, but has no right to islands formed in a stream not navigable opposite the land; they belong to the riparian proprielors, as is prescribed in the title of things.
In like manner he has no right, not even the right of enjoyment, lo the treasure which may be discovered in the land of which he has the usufruct, unless he himself has discovered it, in which case he shall only enjoy the right granted by law to such persons as find a treasure in a piece of land, the property of another person.
ART. 547.—The usufructuary enjoys the right of servitudes, ways or others due to the inheritance of which he has the usufruct; and if this inheritance is inclosed within the other lands of him who has established such usufruct, a way must be gratuitously furnished to the usufructuary by the proprietor of the land or by his heirs.
ART. 548.—The usufructuary may enjoy by himself or lease to another, or even sell or give away his right; but all the contracts or agreements which he makes in this respect, whatever duration he may have intended to give them, cease of right at the expiration of the usufruct.
ART. 549.-The usufructuary can maintain all actions against the owner and third persons, which may be necessary to ensure him the possession, enjoyment and preservation of his right.
Of the Obligations of thie Usufructuary.
ART. 550.-The usufructuary takes things in the state in which they are; but he cannot obtain possession of the things subject to the usufruct, without having caused to be made in presence of the owner, or after the owner has been duly summoned, if he be within the State, an inventory with the estimated value of the estate, both moveable and immoveable, subject to the usufruct, by a notary public duly authorised by the judge to that effect, and in the presence of two witnesses.
If the owner be absent from the State, and is not represented by any person therein, the judge shall appoint a counsel for him to assist at the inventory.
Art. 551.-The usufructuary must give security that he will use, as a prudent administrator would do, the moveables and immoveables subject to the usufruct, and that he will faithfully fulfil all the obligations imposed on him by law, and by the title under which his usufinct is established.
ART. 552.--The amount of this security shall be the estimated value of the moveables and slaves subject to the usufruct, according to the inventory, and such further sum as shall be fixed by the judge according to the nature of the real property subject to the usufruct, to answer for the damages which the usufructuary or those for whom he is responsible, may commit thereon.
This security may be dispensed with, in favor of the usufructuary, by the act by which the usufruct is established.
ART. 553.-Neither the father nor mother having the legal usufruct of the estate of their children, nor the seller nor the donor under the reservation of the usnfruct, is required to give this security.
.ART. 554. If the usufructuary sell, give away or lease his right, he, as well as his security, is responsible for the abuse which the person to whom he has assigned his rights, makes of the things subject to the usufruct, and the damage he may commit on them.
ART. 555.—The usufructuary may for the security required of him by law, give a special mortgage on real property of sufficient value and unincumbered, lying within the State.
ART. 556.-If the usufructuary does not give security or a special mortgage, as is prescribed in the preceding article, the immoveables and the slaves subject to the usufruct shall be hired out or leased at public auction.
Sums of money, the usufruct of which has been given, shall be put ont at interest on good security, with the consent of the owner, and if he refuse, by the authority of the judge.
Moveables subject to the same usufruct, shall be sold at public auction, and the proceeds of the sale shall be put out at interest in the manner above prescribed.
The interest of such sums, the amount of the real rent of the estate and of the hire of slaves, and the produce of the sequestered estate, shall, in such case, belong to the usufructuary. · ART, 557.-In case the usufrucluary does not give security, the owner has a right to insist that such forniture as grows worse by use, be sold; that the proceeds may be placed at interest, as well as that of merchandise ; and in that case the usufructuary enjoys the interest during the usufruct. Nevertheless the usufructuary may claim, and the judge may order, according to circumstances, that a part of the furniture necessary for his use be left to him, under the simple obligation of returning the same at the expiration of the usufructor washit
ART. 558. -The usufructuary is bound to suifdis the
services, which existed on the land of which he has the usufruct, at the time his right commenced.
ART. 559.-A delay to give security does not deprive the usufructuary of the profits to which he may have a right; they are due to him from the moment that the usufruct accrued.
ART. 560.-It is the duty of the usufructuary to keep the things of which he has the usufruct, and to take the same care of them as a prudent owner does of what belongs to him.
He is accordingly answerable for such losses as proceed from his fraud, default or neglect.
ART. 561.–The usufructuary has a right to make useful and necessary improvements and repairs on the estate subject to the usufruct, and even to make such as are not necessary, but only to suit his own convenience, provided he do not injure the estate, or change ils condition. But as to buildings existing on the land at the commencement of the usufruct, he must preserve them such as they have been transmitted to him, nor can he alter their form, distribution or destination, even to improve it, without the consent of the owner.
He has, however, the right to make openings for windows and doors in the house in which he lives, and of which he has the usufruct.
ART. 562.-The usufructuary, who has an usufruct in slaves, cannot employ them in other labours than those to which they are accustomed.
ART. 563.-T'he usufructuary cannot finish buildings commenced by the owner, nor erect new buildings upon the land of which he has the usufruct, unless these buildings are necessary for working the land or for getting in the crops; he, however, may rebuild edifices and other works, which have been destroyed or thrown down by time or accident.
The usufructuary cannot demolish or destroy what he