ART. 2730. [2701.]-A lease made by one having a right of usufruct, ends when the right of usufruct ceases.

The lessee has no right to an indemnification from the heirs of the lessor, if the lessor has made known to him the title under which he possessed.

C. C. 2681, (2651).

ART. 2731. [2702.]-A contract for letting out is not dissolved by the death of the lessor, nor by that of the lessee; their respective heirs are bound by the contract.

C. N. 1742.

ART. 2732. [2703.]-The lessor can not dissolve the lease for the purpose of occupying himself the premises, unless that right has been reserved to him by the contract.

ART. 2733. [2704.]—If the lessor sells the thing leased, the purchaser can not turn out the tenant before his lease has expired, unless the contrary has been stipulated in the contract.

C. N. 1743; 9 A. 504; 11 A. 95.

ART. 2734. [2705.]-If the lessor has reserved to himself in the agreement, the right of taking possession of the thing leased whenever he should think proper, he is not bound to make any indemnification to the lessee, unless it be specified by the contract; the lessor is only bound in that case, to give him the legal notice or warning prescribed in article 2686.

C. C. 2687 (2657), 2739 (2710); C. N. 1744.

ART. 2735. [2706.]-If it has been agreed by the parties, at the time the lease was made, that in case the property was sold the purchaser should be at liberty to take immediate possession, and if no indemnification has been stipulated, the lessor shall be bound to indemnify the lessee in the following manner.

C. N. 1744.

ART. 2736. [2707.]-If it be a house, room or shop, the lessor shall pay as indemnification to the evicted tenant a sum equal to the amount of the rent, for the time which, according to article 2686, is to elapse between the notice and the going out.

C. C. 2686 (2656); C. N. 1745; 10 L. 22.

ART. 2737. [2708.]—If it be a predial estate, the indemnification to be paid by the lessor to the evicted farmer, shall be the third of the price of the rent, during the time which has yet to elapse.

C. C. 2687 (2657), 2688 (2658), 2740 (2711); C. N. 1746.

ART. 2738. [2709.]—The quantum of damages shall be determined by skillful men, when the controversy relates to manufactures, mines and things of that kind, which require great disbursements.

C. N. 1747.

ART. 2739. [2710.]—The purchaser who wishes to use the

right reserved by the lease, is moreover bound to give previous notice to the tenant according to article 2686.

The farmers of predial estates shall have one year's notice. C. C. 2687 (2657), 2734 (2705), 2781 (2755); C. N. 1748.

ART. 2740. [2711.]-Previous to the expulsion of a farmer or tenant, the before prescribed indemnifications must be paid to him, either by the lessor, or in his default, by the new purchaser. (Am'd.) C. N. 1749. Acts 1871, p. 200.

ART. 2741. [2712.]-If the lease has not been reduced to writing the purchaser can not be compelled to give any indemnification.

C. N. 1750; 9 A. 504.

ART. 2742. [2713.]-A person who has purchased an estate, the former proprietor of which has reserved by contract the right of redemption, can not turn out the lessee, until, by the expiration of the time fixed for the redemption, the purchaser becomes the irrevocable owner.

C. N. 1751.

ART. 2743. [2714.]-The tenant of a predial estate can not claim an abatement of the rent, under the plea that, during the lease, either the whole, or a part of his crop, has been destroyed by accidents, unless those accidents be of such an extraordinary nature, that they could not have been foreseen by either of the parties at the time the contract was made; such as the ravages of war extending over a country then at peace, and where no person entertained any apprehension of being exposed to invasion or the like.

But even in these cases, the loss suffered must have been equal to the value of one-half of the crop at least, to entitle the tenant to an abatement of the rent.

The tenant has no right to an abatement, if it is stipulated in the contract, that the tenant shall run all the chances of all foreseen and unforeseen accidents.

C. C. 1933 (1927), § 2, 2120 (2116), 2286 (2265), 2697 (2667), 2754 (2725), 2939 (2910), 2970 (2939); Č. N. 1769, 1770; 6 A. 279, 16 A. 162; 21 A. 535; 23 A. 470.

ART. 2744. [2715.]-The tenant can not obtain an abatement, when the loss of the fruit takes place after its separation from the earth, unless the lease gives to the lessor a portion of the crop in kind; in which case, the lessor ought to bear his share of the loss, provided the tenant has committed no unreasonable delay in delivering his portion of the crop.

C. N. 1771.

CHAPTER 3.

Of the Letting out of Labor or Industry.

ART. 2745. [2716.]-Labor may be let out in three ways: 1. Laborers may hire their services to another person. 2. Carriers and watermen hire out their services for the conveyance either of persons or of goods and merchandise.

3. Workmen hire out their labor or industry to make buildings or other works.

C. C. 163 (156); C. N. 1779; 15 A. 321, 323.

SECTION 1.

Of the Hiring of Servants and Laborers.

ART. 2746. [2717.]-A man can only hire out his services for a certain limited time, or for the performance of a certain enterprise.

C. C. 164 (157); C. N. 1780.

ART. 2747. [2718.]—A man is at liberty to dismiss a hired servant attached to his person or family, without assigning any reason for so doing. The servant is also free to depart without assigning any cause.

8 L. 185.

ART. 2748. [2719.]-Laborers, who hire themselves out to serve on plantations or to work in manufactures, have not the right of leaving the person who has hired them, nor can they be sent away by the proprietor, until the time has expired during which they had agreed to serve, unless good and just causes can be assigned.

8 L. 185; 12 L. 69; 1 R. 319 332; 14 A. 90; 16 A. 111, 119; 18 A. 556; 24 A. 254.

ART. 2749. [2720.]-If, without any serious ground of complaint, a man should send away a laborer whose services he has hired for a certain time, before that time has expired, he shall be bound to pay to such laborer the whole of the salaries which he would have been entitled to receive, had the full term of his services arrived.

3 L. 299; 8 L 185; 12 L. 67; 15 L. 371; 1 R. 319, 332; 12 R. 648; 12 A. 697; 14 A. 90; 15 A. 665; 16 A. 19, 111, 119; 18 A. 556; 22 A. 113; 24 A. 109, 440, 480.

ART. 2750. [2721.]—But if, on the other hand, a laborer, after having hired out his services, should leave his employer before the time of his engagement has expired, without having any just

cause of complaint against his employer, the laborer shall then forfeit all the wages that may be due to him, and shall moreover be compelled to repay all the money he has received, either as due for his wages, or in advance thereof on the running year or on the time of his engagement.

11 L. 369, 373; 12 L. 69; 1 R. 319, 332; 14 A. 90; 18 A. 556; 23 A. 318; 24 A. 109, 440, 480.

SECTION 2.

Of Carriers and Watermen.

ART. 2751. [2722.]-Carriers and watermen are subject, with respect to the safe keeping and preservation of the things intrusted to them, to the same obligations and duties which are imposed on tavern keepers in the title: Of Deposit and Sequestration.

C. C. 2754 (2725), 2965 (2936), 2966 (2937), 2967 (2938), 2973 (2942); C. N. 1782; 1 R. 410; 11 R. 24; 13 A. 452; 15 À. 94, 103, 224, 298, 411, 417, 419; 16 A. 160, 248; 18 A. 664, 705; 19 A. 199; 20 A. 257, 402, 495; 24 A. 165, 333; D. Sec. 456, 457, 458, 459, 1697, 1698, 1699, 1700; Acts, 1871, p. 57.

ART. 2752. [2723.]-They are answerable, not only for what they have actually received in their vessel or vehicle, but also for what has been delivered to them at the port or place of deposit, to be placed in the vessel or carriage.

C. N. 1783; 9 L. 38; 18 A. 705; 20 A. 402.

ART. 2753. [2724.]-The price of a passage agreed to be paid by a woman, for going by sea from one country to another, shall not be increased in case the woman has a child during the voyage, whether her pregnancy was known or not by the master of the ship.

ART. 2754. [2725.]-Carriers and watermen are liable for the loss or damage of the things intrusted to their care, unless they can prove that such loss or damage has been occasioned by accidental and uncontrollable events.

C. C. 615 (610), 2732 (2703); C. N. 1784; 6 M. 682; 8 N. S. 120; 1 L. 349; 4 L. 223; 9 L. 33; 1 R. 410; 10 R. 434; 11 R. 24; 5 A. 706; 11 A. 211; 14 A. 431, 453, 647; 15 A. 14, 103, 430; 16 A. 160; 17 A. 270, 290, 305; 19 A. 199; 20. A. 257. 302, 495; 21 A. 363; 23 A. 353, 477; 24 A. 101, 333, 406; D. Sec. 1784, 3651. Acts 1855, p. 468; 11th Wallace, p. 130.

ART. 2755. [2726.]—The masters of ships and other vessels, and their crews, have a privilege on the ship, for the wages due to them on the last voyage.

D. Sec. 456, 457, 458, 459, 1697, 1698, 1699, 1700; Acts 1871, p. 57.

SECTION 3.

Of Constructing Buildings according to Plots, and other Works by the Job, and of Furnishing Materials.

ART. 2756. [2727.]-To build by a plot, or to work by the job, is to undertake a building or a work for a certain stipulated price.

2 A. 549.

ART. 2757. [2728.]-A person who undertakes to make a work, may agree, either to furnish his work and industry alone, or to furnish also the materials necessary for such a work.

C. N. 1787.

ART. 2758. [2729.]-When the undertaker furnishes the materials for the work, if the work be destroyed, in whatever manner it may happen, previous to its being delivered to the owner, the loss shall be sustained by the undertaker, unless the proprietor be in default for not receiving it, though duly notified to do so.

C. C. 615 (610), 1933 (1927), § 2, 2120 (2116), 2697 (2667), 2743 (2714), 2754 (2725), 2939 (2910), 2970 (2939), 3556 (3522), § 19; C. N. 1788'; 9 L. 435.

ART. 2759. [2730.]-When the undertaker only furnishes his work and industry, should the thing be destroyed, the undertaker is only liable in case the loss has been occasioned by his fault.

C. N. 1789.

ART. 2760. [2731.]—In the case mentioned in the preceding article, if the thing be destroyed by accident, and not owing to any fault of the undertaker, before the same be delivered, and without the owner be in default for not receiving it, the undertaker shall not be entitled to his salaries, unless the destruction be owing to the badness of the materials used in the building.

C. N. 1790.

ART. 2761. [2732.]—If the work be composed of detached pieces, or made at the rate of so much a measure, the parts may be delivered separately; and that delivery shall be presumed to have taken place, if the proprietor has paid to the undertaker the price due for the parts of the work which have already been completed.

C. N. 1791; 9 L. 23; 7 A. 324.

ART. 2762. [2733.]—If a building, which an architect or other workman has undertaken to make by the job, should fall to ruin, either in whole or in part, on account of the badness of the workmanship, the architect or undertaker shall bear the loss if the building falls to ruin in the course of ten years, if it be a