destroyed, without the act or fault of the donee, the loss is borne by the succession, and the donee shall not be bound to collate the value of the estate.

ART. 1340.-If the real estate be only destroyed in part, it shall be collated in the state in which it is.

ART. 1341.-But if the real estate is destroyed, after the donee has declared that he wishes to collate by taking less, the loss is his, and he is bound to take less from the succession, in the same manner as if the estate had not been destroyed.

ART. 1342.-When the collation is made in kind, the effects are united to the mass of inheritance free from all charges created by the donee, but creditors, holding mortgages, may intervene in the partition, and make opposition to the collation which may injure their rights.

ART. 1343.-In the case mentioned in the preceding article, if the property mortgaged, which has been collated in kind, falls by the partition to the donee, the mortgage continues to exist thereon as if it had never been collated; but if the donee receives for his portion other moveables or immoveables of the succession, the creditor shall have a privilege for the amount of his mortgage on the property which has thus fallen to his debtor by the partition.

ART. 1344.-When the gift of a real estate, made to a lawful child or descendant, exceeds the portion which the ascendant could legally dispose of, the donee may make the collation of this excess in kind, if such excess can be separated conveniently.

ART. 1345.—If, on the contrary, the retrenchment of the excess over and above the disposable portion cannot conveniently be made, the donee is bound to collate the excess by taking less, as is hereafter prescribed for the cases in which the collation is made of real estate given him otherwise than as advantage or extra portion.

ART. 1346.-The donee, who makes the collation in

kind of the real estate given to him, may keep possession of the same, until the final reimbursement of the sums to him due for the necessary and useful expenses, which he has made thereon, after deducting the amount of the damage the estate has suffered through his fault or neglect, as is before provided.

ART. 1347.-When the donee has elected to collate the real estate given him by taking less on the part which comes to him from the succession, the collation must be made according to the value which the real estate had at the opening of the succession, a deduction being made for the expenses incurred thereon, in conformity with what has been heretofore prescribed.

ART. 1348.-If the donee has voluntarily alienated the real estate, which has been given him as an advantage or extra portion, if he has permitted it to be seized and sold for the payment of his debts, or if it has been destroyed by his fault or negligence, he shall not be the less bound to make the collation of it, according to the value which the estate would have had at the time of the opening of the succession, deducting expenses, as is provided in the foregoing article.

ART. 1349.-But if the donee has been forced to alienate the real estate, he shall be obliged to collate by taking less, the price he has received from this sale and

no more.

As, for example, if the donee shall be obliged to submit to a sale of the estate for some object of public utility, or to discharge a mortgage imposed by the donor, or because the estate was held in common with another person who has prayed for the sale in order to obtain a partition of it.

ART. 1350.-If the real estate, which has been given, has been sold by the donee, and afterwards is destroyed by accident in the possession of the purchaser, the donee

shall only be obliged to collate, by taking less, the price he received for the sale.

ART. 1351.-When the collation is made by taking less, the co-heirs to whom the collation is due, have a right to require a sale of the property remaining to the succession, to be paid from the proceeds of this sale, not only the collation which is due to them, but the part which comes to them from the surplus of these proceeds, unless they prefer to pay themselves the amount of the collation due to them, by taking such moveables and immoveables of the succession as they may choose, according to the appraisement in the inventory, or the appraisement which serves as a basis to the partition.

ART. 1352.-If the co-heirs, to whom the collation is made by taking less, wish that the effects of the succession be sold, in order that they may be paid what is due them, they are bound to decide thereon, in three days from their being notified of the motion of the donee to that effect, before the judge of the partition, otherwise they shall be deprived of this right, and shall be considered as having consented to receive payment of the collation due them in effects and property of the succession, or otherwise, from the hands of the donee.

ART. 1353.-When the co-heirs, thus notified, require the sale of the effects of the succession to pay themselves the collation due them, the sale shall be made at public auction, in the same manner as when it is necessary to sell propert y eld in common, in order to effect a partition.

ART. 1354.-If, on the contrary, the co-heirs to whom the collation is due, prefer to be paid the amount thereof in property and effects of the succession, or are divested of their right to require the sale of these effects, they shall be paid the amount of the collation in moveables, immoveables and other effects of the succession, in the same manner as is prescribed in the section which treats of partitions.

But in no case will these heirs be obliged to receive in payment credits of the succession.

ART, 1355.-If there are no effects in the succession, or not sufficient to satisfy the heirs to whom the collation is due, the amount of the collation, or the balance due on it, shall be paid them by the heir who owes the collation.

ART. 1356.-This heir shall have one year to pay the sum thus by him due, if he furnish his co-heirs with his obligation payable at that time, with ten per cent interest, and give a special mortgage to secure the payment thereof, either on the real estate subject to the collation, if it is in his possession, or in want thereof, on some other immoveable property which may suit the co-heirs. ART. 1357.-If the heir, who has been allowed to furnish his obligation as mentioned in the preceding article, fails to fulfil his engagement at the expiration of the year granted to him, the heirs, in whose favour this obligation has been made, or their representatives, have a right to cause the property mortgaged to them to be seized and sold, without any appraisement, and at the price offered at the first exposure for sale.

ART. 1358.-If the property, thus seized and sold, is the same, which was subject to the collation, the co-heirs seizing, or their representatives, shall be paid the amount of their debt due for the collation, by privilege and in preference to all the creditors of the donee, even to those to whom he may have mortgaged the property for his own debts or engagements, previous to the opening of the succession, saving to these mortgage creditors their recourse against other property of the donee.

ART. 1359.-If the donee, who owes the collation, has, before the opening of the succession, voluntarily sold the real estate given to him, and his other property is not sufficient to satisfy his co-heirs for the collation due them, the co-heirs, after a previous discussion of the effects of the

donee, shall have the right of claiming the real estate thus sold, from those who may be the purchasers or detainers thereof, who shall be compelled to give it up as an object which had never belonged to the donee.

ART. 1360.-The third purchaser or possessor of the real estate subject to collation may avoid the effect of the action of the revendication, by paying to the co-heirs of the donee, to whom the collation is due, to wit: the excess of the value of the property above the disposable portion, if the donation has been made as an advantage or extra portion, or the whole of the value thereof, if the donation has been made without this provision, by fulfilling in this respect all the obligations by which the donee himself was bound towards the co-heirs.

ART. 1361.-When slaves have been given, the donee is not permitted to collate them in kind; he is bound to collate for them by taking less, according to the value of the slaves at the time of the donation.

ART. 1362.-Therefore the donation of slaves contains an absolute transfer of the rights of the donor to the donee in the slaves thus given. They are at the risk of the donee, who is bound to support their loss or deterioration, at the same time that he profits by the children born of them; and if the donee dispose in good faith of all or any of the slaves, the action of revendication for recovering the slaves on the part of his co-heirs for the collation due to them, will not lie against those who are the purchasers or holders of the slaves.

ART. 1363.-The dispositions, contained in the two preceding articles, also take effect, when the donation, subject to the collation, consists in moveable effects; the only difference is that the collation of moveables given, must be according to their appraised value, if there be any annexed to the donation, and, in default thereof, recourse may be had to other evidence to establish the value of these moveables at the time of the donation.