price, or any thing in its stead, must restore what he has received in exchange.

C. N. 1934.

ART. 2947. [2918.]-The heir of a depositary, who has sold bona fide a thing which he knew not to be a deposit, is bound only to restore the price which he has received, or to make over his claim against the purchaser, if the price be not paid.

C. N. 1935.

ART. 2948. [2919.]-If the thing deposited has been productive, and the proceeds have been received by the depositary, he is bound to restore them. He owes no interest for the money deposited in his hands, except from the day on which he became a defaulter by delaying to restore it.

C. N. 1936; 6 L. 762; 11 A. 199, 200.

ART. 2949. [2920.]-The depositary must restore the thing deposited only to him who delivered it, or in whose name the deposit was made, or who was pointed out to receive it.

C. N. 1937; 23 A. 63.

ART. 2950. [2921.]-He can not require him who made the deposit to prove that he was the owner of the thing. Yet if he discovers that the thing was stolen and who the owner of it is, he must give him notice of the deposit, requiring him to claim · within due time. If the owner, having received due notice, neglects to claim the deposit, the depositary is fully exonerated on returning it to the person from whom he received it.

C. N. 1938; 21 A. 594; 23 A. 63.

ART. 2951. [2922.]-If the person who made the deposit, be deceased, the thing deposited can be restored only to his heir; if there be several heirs, it must be delivered to each of them for his respective part and portion, unless the thing deposited be indivisible, in which case they must agree among themselves.

If the depositor has changed condition, as if a woman marries or a person of full age falls under interdiction, the deposit can be restored only to the person who has the administration of the rights and property of the depositor.

C. N. 1939, 1940.

ART. 2952. [2923.]-If the deposit has been made by a tutor, a husband, or by any other administrator, it can be restored after the function of that administrator has ceased, only to him whom he represented.

C. N. 1941; 1 R. 21.

ART. 2953. [2924.]-When the contract specifies a place where the deposit is to be restored, it must be delivered at that place, but the expense of conveyance to the place of delivery must be borne by the depositor.

C. N. 1942.

ART. 2954. [2925.]-If the contract does not specify the place where the deposit must be restored, it shall be restored at the place where such deposit has been made.

C. N. 1943.

ART. 2955. [2926.]-The deposit must be restored to the depositor as soon as he demands it, even though the contract may have specified the time for its being restored, unless there be in the hands of the depositary, an attachment on the property or an opposition made on the owner.

C. N. 1944; 6 L. 32; 2 A. 558, 586; 23 A. 63.

ART. 2956. [2927.]-The depositary can not withhold the thing deposited on pretense of a debt due to him from the depositor on an account distinct from the deposit, or by way of offset.

But he may retain the deposit until his advances are repaid, as well as any other claims which he may have arising from the deposit.

C. C. 2209 (2205), 2210 (2207), 3023 (2992); C. N. 1948; 2 A. 24; 6 A. 46; 7 A. 53; 10 A. 406; 23 A. 115.

ART. 2957. [2928.]—When several persons have received the same object in deposit, each of them is bound to restore the 'whole.

15 A. 280.

ART. 2958. [2929.]—The unfaithful depositary is not admitted to the benefit of a surrender.

C. N. 1945; 10 A. 342; 23 A. 63.

ART. 2959. [2930.]-All the obligations of the depositary cease on his discovering and proving that he himself is the owner of the thing deposited.

C. N. 1946.

SECTION 4.

Of the Obligations and Rights of Him by Whom the Deposit has been Made.

ART. 2960. [2931.]-He who has made a deposit is bound to reimburse the depositary the money he has advanced for the safe keeping of the thing, and to indemnify him for all that the deposit has cost him.

He is to indemnify the depositary for the losses which the thing deposited may have occasioned him.

C. N. 1947.

ART. 2961. [2932.]-The depositor has a right to reclaim

the thing deposited, when it exists in kind in the hands of the depositary or his assigns.

12 A. 257.

ART. 2962. [2933.]-If the depositary or his assigns have disposed of the thing and the price remains due, the depositor has a right to it in preference to any other creditor of the depositary.

1 R. 21.

ART. 2963. [2934.]-The distinction formerly established by law between the perfect and the imperfect deposit, is abolished. The only real deposit is that where the depositary receives a thing to be preserved in kind, without the power of using it, and on the condition that he is to restore the identical object. C. C. 2210 (2207). 2927 (2898), 2941 (2912); 2 A. 24; 7 A. 53; 10 A. 342; 17 A. 261, 263; 18 A. 208; 20 A. 568.

CHAPTER 3.

Of the Necessary Deposit.

ART. 2964. [2935.]—The necessary deposit is that which has been compelled by some accident; such as fire, falling down of a house, pillage, shipwreck, or other casualty.

The deposition on oath, or affirmation of a single competent or credible witness, may be sufficient to prove a necessary deposit, even when the amount of the thing deposited exceeds five hundred dollars.

C. C. 2277 (2257), 2971 (2940); C. N. 1949, 1950; 14 A. 524.

ART. 2965. [2936.]-An innkeeper is responsible as depositary for the effects brought by travelers who lodge at his house; the deposit of such effects is considered as a necessary deposit.

C. C. 2751 (2722); C. N. 1952; 7 A. 360; 13 A. 452; 16 A. 160; Acts 1860, p. 7. ART. 2966. [2937.]-An innkeeper is responsible for the effects brought by travelers, even though they were not delivered into his personal care, provided however, they were delivered to a servant or person in his employment.

C. C. 2967 (2938); 13 A. 452; 14 A. 324, 524; 16 A. 160.

ART. 2967. [2938.]-He is responsible if any of the effects be stolen or damaged, either by his servants or agents, or by strangers going and coming in the inn.

C. C. 2751 (2722); C. N. 1953; 1 R. 410; 13 A. 452; 14 A. 524; 16 A. 160, 248; 18 A. 9, 156. Acts 1860, January 16.

ART. 2968. Every landlord or keeper of a public inn or hotel, shall be required to provide with an iron chest or other safe deposit for valuable articles belonging to his guests or cus

tomers, and each landlord or hotel keeper shall keep posted upon his doors and other public places in his house of entertainment, written or printed notices to his guests and customers that they must leave their valuables with the landlord, his agent or clerk, for safe keeping, that he may make safe deposit of the same in the place provided for that purpose.

(New Article.) D. Sec. 1701. Acts 1860, p. 7.

ART. 2969. Every landlord, hotel or innkeeper who shall comply with the requirements of the preceding articles, shall not be liable for any money, jewelry, watches, plate, or other things made of gold or silver, or of rare and precious stones, or for other valuable articles of such description as may be contained in small compass, which may be abstracted or lost from any such public inn or hotel, if the same shall not be left with the landlord, his clerk or agent, for deposit, unless such loss shall occur through the fraud or negligence of the landlord, or some clerk or servant employed by him in such inn or hotel; provided, however, that the provisions of this article shall not apply to a wearing watch, or such other articles of jewelry as are ordinarily worn about the person.

(New Article.) D. Sec. 1702. Acts 1860, p. 7.

ART. 2970. [2939.]—He is not responsible for what is stolen by force and arms, or with exterior breaking open of doors, or by any other extraordinary violence.

C. C. 2939 (2910); C. N. 1974; 1 R. 410; 14 A. 524; 16 A. 160, 248; 18 A.

9, 156.

ART. 2971. [2940.]-The deposition on oath or affirmation of a single competent and credible witness as to the deposit at inns, may be admitted as a good proof, even when the value of the thing so deposited exceeds five hundred dollars; but the judge must admit this kind of proof, in that case, with circumspection, according to the circumstances of the fact and the condition of the parties.

C. C. 2277 (2257), 2964 (2935); 14 A. 324; 18 A. 664.

CHAPTER 4.

Of Sequestration.

SECTION 1.

Of its Different Species.

ART. 2972. [2941.]—Sequestration is either conventional or ordered by the judge.

C. N. 1955.

SECTION 2.

Of the Conventional Sequestration.

ART. 2973. [2942.]—Sequestration is a kind of deposit, which two or more persons, engaged in litigation about any thing, make of the thing in contest to an indifferent person, who binds himself to restore it, when the issue is decided, to the party to whom it is adjudged to belong.

The depositary in this case is called the sequestrator.

C. C. 21 (21); C. N. 1956; 1 M. 79; 6 N. S. 473; 6 L. 542; 19 L. 91; 2 R. 150; 1 A. 222; 24 A. 40.

ART. 2974. [2943.]-A sequestration may be not gratuitous, and then it is rather a contract of hiring than of deposit.

C. N. 1957.

ART. 2975. [2944.]—When it is gratuitous, it is a real contract of deposit, subject to all the rules which apply to that contract, save the differences hereafter explained.

C. N. 1958.

ART. 2976. [2945.]—A sequestration has this difference from a deposit, that it may have for its object not only movables, but also immovables.

C. N. 1959.

ART. 2977. [2946.]-The depositary, under this title, is not to restore the thing deposited, till after the decision of the suit, and then he must restore it to the party to whom it is adjudged. C. N. 1960; 17 L. 24, 581. Acts 1871, p. 200.

ART. 2978. [2947.]-He can not even till then exonerate himself from the care of the thing sequestered in his hands, unless for some cause rendering it indispensable that he resign his trust.

In that case. he can deliver up the thing only to a person agreed upon by the parties concerned; and in case they do not agree, he must cite them to have a new sequestrator appointed.

SECTION 3.

Of the Judicial Sequestration or of Deposit.

ART. 2979. [2948.]—The judicial deposit is that which is made in consequence of an order or judgment rendered by a judge in the cases provided for by the laws regulating judicial proceedings.

C. N. 1961; 1 A. 222; 2 A. f66; 16 A. 237.

ART. 2980. [2949.]-The appointment of a judicial guardian