him, sell a part of the property subject to the usufruct, sufficient to yield the sum necessary for the discharge of the debts, in proportion to the sum for which the property subject to the usufruct is bound, if the usufructuary will not make an advance of this sum, as is mentioned in the following article.

C. C. 1522 (1509); C. N. 612; 3 A. 175, 489; 4 A. 389, 395.

ART. 585. [579.]-If the legacy of the usufruct includes all the property of the testator, and the universal usufructuary will advance the sum necessary to discharge the debts of the succession, the capital shall be returned to him at the expiration of the usufruct without interest; but if he will not make this advance, the heir has the choice of making the necessary advance himself, for which the usufructuary shall allow him interest for the period of the usufruct, or to sell a part of the property subject to the usufruct, as stated in the preceding article.

C. N. 612; 3 A. 175, 489; 4 A. 389; 18 A. 726.

ART. 586. [580]-If, on the contrary, the legacy includes only a certain proportion of the property of the testator, or the whole of a certain kind of property, the usufructuary under an universal title is bound only to contribute with the heir to the payment of the debts of the succession.

C. N. 612.

ART. 587. [581.]-To establish this contribution, the value of the property subject to the usufruct, and that of the property remaining to the heir, is estimated, and the sum which they are each bound to contribute to the payment of the debts, is fixed in proportion to this valuation.

After which, if the usufructuary will make an advance of the sum which he is bound to contribute, the capital must be returned to him without interest at the termination of the usufruct, but if he will not, the heir has the choice, either to pay this sum, in which case the usufructuary must pay him interest during the period of the usufruct, or to sell a part of the property subject to the usufruct, sufficient to meet the sum which the usufructuary is bound to contribute.

.16 A. 165.

ART. 588. [582.]-Usufructuaries, with the exception of fathers and mothers, as is hereafter provided, are bound only for such costs as result from law suits concerning the enjoyment of the property subject to their usufruct, and for judgments which may have been given in such suits.

Nevertheless, in suits instituted for the recovery of the thing subject to the usufruct against the owner, the expenses must be divided between the usufructuary and him.

C. N. 612.

ART. 589. [583.]-Fathers and mothers who enjoy the legal

usufruct of the property of their children, are bound to support the expenses of all suits concerning that property, in the same manner as if they were the owners of it.

ART. 590. [584.]-The usufructuary who loses, by non-usage on his part, a servitude belonging to the property subject to his usufruct, is responsible for it to the owner. He is also responsible to the owner, if he permits a servitude to be acquired on the property by prescription.

ART. 591. [585.]-If, during the period of the usufruct, a third person makes encroachments on the estates, or violates, in any other way, the rights of the owner, it is the duty of the usufructuary to give information of the same to the owner, and if he fails to do it, he shall be answerable for all damages which may result to the owner, as he would be for injuries committed by himself.

C. N. 614.

ART. 592. [586.]-If the usufruct consists of only one head of cattle, which dies without any neglect on the part of the usufructuary, he is not bound to return another, or to pay the estimated value of the same.

C. N. 615; 10 R. 46.

ART. 593. [587.]-If a whole herd of cattle subject to the usufruct, dies owing to some accident or disease, without any neglect on the part of the usufructuary, he is bound only to return the owner the hides of such cattle, or the value of such hides.

If the whole herd does not die, the usufructuary is bound to make good the number of dead out of the new born cattle, as far as they go.

C. N. 616; 10 R. 46.

ART. 594. [589.]-At the expiration of the usufruct, the usufructuary has no right to claim any compensation for the improvements which he contends he has made, although the value of the thing may have increased by such improvements.

The usufructuary is bound at the expiration of his usufruct, to abandon, without compensation, not only the buildings and other works which he may have constructed upon the property, whether they have or have not foundation in the soil, but all other movable things which he may have attached to it permanently.

Nevertheless, he or his heirs may take away the looking glasses, pictures, statues and other ornaments, which he may have placed there, and which are fastened by plaster, lime or cement, but under the obligation of re-establishing the premises in their former situation.

C. C. 469 (460); C. N. 599.

ART. 595. [590.]—The usufructuary may set off against the damages which have been caused to the property of which he has the usufruct, the improvements which he has been obliged to

abandon to the owner, provided the latter be of the description of those which by law he was authorized to make.

ART. 596. [591.]-The undertaker or workman who has made, at the instance of the usufructuary, any building, work or improvement on the property, and who is unpaid at the expiration of the usufruct, preserves his privilege on the same, and can enforce it against the owner under the modifications prescribed in the following articles.

C. C. 2772 (2743).

ART. 597. [592.]-If the works consisted in repairs, which the usufructuary was bound to make, or in buildings which he was authorized by law to make, the owner shall be obliged to pay what remains due to the workman, reserving always his recourse against the usufructuary or his heirs.

If on the contrary, the works consisted of extraordinary repairs, which the owner was bound to make, he is obliged to pay the price to the workman, without any recourse against the usufructuary or his heirs.

ART. 598. [593.]-If the works performed, were not of the description of those which the usufructuary was authorized by law to make, the owner may retain them on paying the price of them to the workman, or he may oblige the usufructuary, or his heirs to remove them at their expense, and in that case the workman will have recourse only against the usufructuary and his heirs, for the payment of the price of his work.

C. C. 508 (500), 2772 (2743).

SECTION 4.

Of the Obligations of the Owner.

ART. 599. [594.]-The owner of the thing subject to the usufruct is bound to deliver it to the usufructuary, or to suffer him to take possession of the same.

15 A. 170.

ART. 600. [595.]—He must neither interrupt nor in any way impede the usufructuary in the enjoyment of the usufruct, or in any manner impair his rights.

15 A. 171.

ART. 601. [596.]-He is not at liberty, either before or after the delivery of the thing, to make any alteration on the premises of things subject to the usufruct, whereby the condition of the usufructuary may become worse, although the estate itself may be bettered by them.

Hence he can not raise an existing building, nor cause one to be erected in a place where there was none, unless it be with the consent of the usufructuary. He may still less cut down any

trees of a wood, demolish a building, or make any other alteration to the injury of the usufructuary; and if he does, he shall be bound to make good the losses and damages which may result. C. C. 582 (576), et seq.; 15 A. 170, 571.

ART. 602. [597.]-The owner of an estate subject to the usufruct, can not create any new servitude thereon, unless it be done in such a manner as to be of no injury to the usufructuary.

ART. 603. [598.]-If the usufructuary can not have the enjoyment, because of some obstacle which the owner is bound to remove, the latter shall make good the losses and damages, which are sustained by the non-enjoyment, as if there be an eviction or any other disturbance against which the owner is bound to warrant, or if he refuses the usufructuary any necessary servitude, which he is bound to let him enjoy.

ART. 601. [599.]-The owner is not bound to rebuild or repair that which happens to be demolished or damaged at the time that the usufruct is acquired, unless it happened by his fraud, or unless he was obliged by the title of the usufruct to put the property in good order.

ART. 605. [600.]—The owner may mortgage, sell or alienate the thing subject to the usufruct, without the consent of the usufructuary, but he is prohibited from doing it in such circumstances, and under such conditions as may be injurious to the enjoyment of the usufructuary.

SECTION 5.

How Usufruct Expires..

ART. 606. [601.]-The right of the usufruct expires at the death of the usufructuary.

C. N. 617; 13 A. 162.

ART. 607. [602.]-The legacy made to any one of the revenues of a property, is a kind of usufruct, which also ceases and becomes extinguished by the death of the legatee, if the contrary has not been expressly stipulated.

It is the same with all annual legacies as pensions of alimony and the like.

13 A. 162.

ART. 608. [603.]—If the title of the usufruct has limited the right to it to commence or determine at a certain time, or in the event of a certain condition, the right does not commence or determine till the condition happens or the time elapses.

10 A. 466.

ART. 609. [604.]-If the usufructuary is charged to restore the usufruct to another person, his right to the usufruct expires whenever the time for making such restitution arrives.

C. C. 2336 (2316).

ART. 610. [605.]-The usufruct granted until a third person shall arrive at a certain age, lasts until that time, although the third person should die before the age fixed on.

C. N. 620.

ART. 611. [606.]—The usufruct left to a surviving wife, until her dowry be refunded, continues until the whole of it, capital and interest, is paid, unless the default of payment proceeds from her act.

If there be several heirs of the husband and one of them has paid what he owes of the dowry, the usufruct terminates for his portion.

ART. 612. [607.]-The usufruct which is granted to corporations, congregations or other companies, which are deemed perpetual, lasts only thirty years.

If these corporations, congregations or other companies are suppressed, abolished or terminate in any other manner, the usufruct ceases and becomes united with the ownership.

C. N. 619; 13 A. 162.

ART. 613. [608.]-The usufruct expires before the death of the usufructuary, by the loss, extinction or destruction of the thing subject to the usufruct.

Thus, the usufruct, which is established upon a building, expires, if the building is destroyed by fire or any other accident, or if it falls down through the decay of years.

In this case the usufructuary would not even have the usufruct of the materials of the building, nor of the place in which it stood; for the usufruct is to be restrained to what is specified in the title. But if the usufruct be assigned upon an estate of which the building is a part, the usufructuary shall enjoy both the soil and the materials.

C. N. 617, 624.

ART. 614. [609.]-If it happens that a part of the house be destroyed and that another part of it remains, the usufruct will be preserved of that part of the house which remains and of the place on which the part of the house which is destroyed, stood, for such place makes a part of the house and is an accessory to the part of it that remains.

C. N. 623.

ART. 615. [610.]-The thing subject to the usufruct is considered as lost, when it undergoes from accident, such a change in its form that it can no longer be applied to the use for which it was originally destined. Therefore the usufruct of a field or lot is extinguished, if one or the other be so covered with water by inundation that it becomes changed into a pond or swamp. But the usufruct revives if the inundation ceases, and the waters, on retiring, leave the land uncovered and in its former condition.

C. N. 617.