produces, between the person seizing and the guardian, reciprocal obligations. The guardian must use, for the preservation of the effects seized, the care of a prudent father of a family; he must produce them either for the discharge of the person who has seized them for sale, or to the person against whom the execution was levied, in case the seizure be raised.

The obligation of the party that has seized the property, consists in paying the guardian his legal fees.

C. N. 1962; C. P. 283; 17 L. 24, 578, 582; 7 R. 82; 10 R. 47; 15 A. 22, 25. ART. 2981. [2950.]-The judicial sequestration is confided to the public officer whom the law provides to execute the orders of the judge.

This officer is subject to all the obligations inposed in the case of conventional sequestration.

C. N. 1963; C. P. 269; 17 L. 24.

TITLE XIV.

OF ALEATORY CONTRACTS.

ART. 2982. [2951.]—The aleatory contract is a mutual agreement, of which the effects, with respect both to the advantages and losses, whether to all the parties or to one or more of them, depend on an uncertain event.

C. C. 1776 (1769); C. N. 1964.

ART. 2983. [2952.]—The law grants no action for the payment of what has been won at gaming or by a bet, except for games tending to promote skill in the use of arms, such as the exercise of the gun and foot, horse and chariot racing.

And as to such games, the judge may reject the demand, when the sum appears to him excessive.

C. N. 1965, 1966; 12 A. 35, 618; 15 A. 525; 18 A. 520; 19 A. 192. ART. 2984. [2953.]-In all cases in which the law refuses an action to the winner, it also refuses to suffer the loser to reclaim what he has voluntarily paid, unless there has been, on the part of the winner, fraud, deceit, or swindling.

C. N. 1967; 4 N. S. 84; 1 A. 176.

TITLE XV.

OF MANDATE.

CHAPTER 1.

Of the Nature and Form of Mandates.

ART. 2985. [2954.]—A mandate, procuration or letter of attorney is an act by which one person gives power to another to transact for him and in his name, one or several affairs.

C. N. 1984; 20 A. 277. Acts 1855, p. 121.

ART. 2986. [2955.]-The mandate may take place in five different manners: for the interest of the person granting it alone; for the joint interest of both parties; for the interest of a third person; for the interest of such third person and that of the party granting it; and finally, for the interest of the mandatary and a third person.

C. N. 1985. Acts 1871, p. 200.

ART. 2987. [2956.]—The object of the mandate must be lawful, and the power conferred must be one which the principal himself has a right to exercise.

20 A. 169, 295; 21 A. 493, 494, 495.

ART. 2988. [2957.]-The contract of mandate is completed only by the acceptance of the mandatary.

ART. 2989. [2958.]—A power of attorney may be accepted expressly in the act itself, or by a posterior act.

It may also be accepted tacitly; and this tacit acceptance is inferred, either from the mandatary acting under it, or from his keeping silence when the act containing his appointment is transmitted to him.

11 L. 288, 294; 19 L. 225; 18 L. 535.

ART. 2990. [2959.]-If the proxy or attorney in fact pleads that he has not accepted or acted under the power, it is incumbent on the principal to prove he has.

12 A. 119.

ART. 2991. [2960.]-The procuration is gratuitous unless there has been a contrary agreement.

C. C. 2275 (2255), 2440 (2415); C. N. 1986; 4 L. 169; 2 L. 596; 8 R. 236; 1 A. 72; 17 A. 142; 21 A. 547; 24 A. 271, 397.

ART. 2992. [2961.]—A power of attorney may be given,

either by a public act or by a writing under private signature, even by letter.

It may also be given verbally, but of this testimonial proof is admitted only conformably to the title: Of Conventional Obliga

tions.

ART. 2993. [2962.]—A blank may be left for the name of the attorney in fact in the letter of attorney.

In that case, the bearer of it is deemed the person empowered. ART. 2994. [2963.]—It may be either general for all affairs, or special for one affair only. .

C. N. 1987.

ART. 2995. [2964.]—It may vest an indefinite power to do whatever may appear conducive to the interest of the principal, or it may restrict the power given to the doing of what is specified in the procuration.

11 A. 46.

ART. 2996. [2965.]-A mandate conceived in general terms, confers only a power of administration.

If it be necessary to alienate or give a mortgage, or do any other act of ownership, the power must be express.

C. N. 1988; 10 M. 679; 6 R. 142; 10 R. 43; 12 R. 653; 2 A. 890; 4 A. 229; 13 A. 566; 15 A. 647; 21 A. 27, 28; 23 A. 27, 274. Acts 1853, No. 126.

ART. 2997. [2966.]-Thus the power must be express and special for the following purposes :

To sell or to buy.

To incumber or hypothecate.

To accept or reject a succession.

To contract a loan or acknowledge a debt.

To draw or indorse bills of exchange or promissory notes.

To compromise or refer a matter to arbitration.

To make a transaction in matters of litigation; and in general where things to be done are not merely acts of administration, or such as facilitate such acts.

C. C. 733 (729), 1015 (1038), 1542 (1529), 2440 (2415); (Article 370 of C. C. of 1825, not reproduced in this code.) C. N. 1988; 10 M. 679; 1 N. S. 608; 2 N. S. 292; 7 N. S. 244; 2 L. 596; 3 L. 199; 4 L. 32, 310; 6 L. 590, 591; 8 L 569; 13 L. 481; 16 L. 51, 51, 175; 17 L. 45; 18 L. 332; 1 R. 303; 2 R 7, 513; 5 R. 172; 6 R. 13, 70, 127, 255; 8 R. 236; 9 R. 293; 10 R. 43, 61; 11 R. 95, 497; 12 R. 221, 243, 653; 1 A. 72, 457; 2 A. 294, 358, 772, 890, 893; 4 A. 229, 396; 5 A. 700; 6 A. 528; 11 A. 46, 681; 13 A. 479, 566; 14 A. 482; 15 A. 37, 242, 560, 561, 647; 17 A. 8, 299; 19 A. 202, 327; 20 A. 75; 21 A. 27, 28, 468, 477, 681, 682; 23 A. 30; 21 A. 30, 274, 427.

ART. 2998. [2967.]-A power to compromise on a matter in litigation does not include that of submitting or referring to arbitrators.

C. C. 3010 (2979); C. N. 1989; 5 N. S. 669.

ART. 2999. [2968.]-A power to receive includes that of giving a receipt in acquittance.

ART. 3000. [2969.]-Powers granted to persons, who exercise a profession, or fulfill certain functions, of doing any business in the ordinary course of affairs to which they are devoted, need not be specified, but are inferred from the functions which these mandataries exercise.

23 A. 354.

ART. 3001. [2970.]-Women and emancipated minors may be appointed attorneys; but, in the case of a minor, the person appointing him has no action against him, except according to the general rules relative to the obligations of minors; and in the case of a married woman, who has accepted the power without authority from her husband, she can only be sued in the manner specified under the title: Of Marriage Contract, and the Respective Rights of the Parties in Relation to their Property. (Am'd.) C. C. 1785 (1778), 1787 (1780); C. N. 1990.

CHAPTER 2,

Of the Obligations of a Person acting under a Power of Attorney.

ART. 3002. [2971.]-The attorney in fact is bound to discharge the functions of the procuration, as long as he continues to hold it, and is responsible to his principal for the damages that may result from the non-performance of his duty.

He is bound even to complete a thing which had been commenced at the time of the principal's death, if any danger result from delay.

C. N. 1991; 9 R. 396; 10 R. 481; 11 R. 81; 12 R. 423; 15 A. 268, 270, 430, 534; 16 A. 33; 20 A. 169, 297, 868; 24 A. 550.

ART. 3003. [2972.]-The attorney is responsible, not only for unfaithfulness in his management, but also for his fault or neglect.

Nevertheless, the responsibility with respect to faults, is enforced less rigorously against the mandatary acting gratuitously, than against him who receives a reward.

C. N. 1992; 7 M. 464; 1 N. S. 867; 4 L. 28; 17 L. 417; 9 R. 396; 11 R. 81; 12 R. 423; 15 A. 268, 270, 534; 18 A. 535; 20 A. 297, 368; 24 A. 220, 490, 550, 562; D. Sec 167.

ART. 3004. [2973.]-He is obliged to render an account of his management, unless this obligation has been expressly dispensed with in his favor.

C. N. 1993; 10 R. 481; 11 R. 81; 16 A. 33.

ART. 3005. [2974.]-He is bound to restore to his principal whatever he has received by virtue of his procuration, even should he have received it unduly.

C. N. 1993; 10 R. 481; 4 A. 414; 16 A. 33; 17 A. 246, 248; 20 A. 297; 21 A. 388, 389, 544, 545, 643, 697, 701.

ART, 3006. [2975.]-In case of an indefinite power, the attorney can not be sued for what he has done with good intention. The judge must have regard to the nature of the affair, and the difficulty of communication between the principal and the attorney.

16 L. 61; 3 A. 468.

ART. 3007. [2976.]-The attorney is answerable for the person substituted by him to manage in his stead, if the procuration did not empower him to substitute.

C. N. 1994; 15 A. 268, 270.

ART. 3008. [2977.]-He is also answerable for his substitute, if, having the power to appoint one, and the person to be appointed not being named in the procuration, he has appointed for his substitute a person notoriously incapable, or of suspicious character.

C. N. 1994.

ART. 3009. [2978.]-Even where the attorney is answerable for his substitute, the principal may, if he thinks proper, act directly against the substitute.

C. N. 1994; 7 L. 130.

ART. 3010. [2979.]-The attorney can not go beyond the limits of his procuration; whatever he does exceeding his power is null and void with regard to the principal, unless ratified by the latter, and the attorney is alone bound by it in his individual capacity.

C. C. 2998 (2967); C. N. 1989; 1 A. 72; 3 A. 468; 4 A. 396; 9 A. 488; 10 A. 575; 11 A. 46; 13 A. 452; 15 A. 628, 668; 16 A. 435; 20 A. 90, 215, 535.

ART. 3011. [2980.]—The mandatary is not considered to have exceeded his authority, when he has fulfilled the trust confided to him, in a manner more advantageous to the principal, than that expressed in his appointment.

7 L. 130; 1 A. 72.

ART. 3012. [2981.]-The mandatary, who has communicated his authority to a person with whom he contracts in that capacity, is not answerable to the latter for anything done beyond it, unless he has entered into a personal guarantee.

C. C. 3013 (2982); C. N. 1997; 3 M. 642; 4 N. S. 308; 1 L. 198; 5 L. 334; 6 L. 762; 10 L. 390; 11 L. 13; 13 L. 21; 3 R. 378; 14 A. 444; 15 A. 189; 20 A. 83, 85, 126, 535; 21 A. 221; 23 A. 35; 24 A. 18, 144, 254.

ART. 3013. [2982.]-The mandatary is responsible to those with whom he contracts, only when he has bound himself personally or when he has exceeded his authority without having exhibited his powers.

C. C. 2615 (2593), 3012 (2981); C. N. 1997; 5 L. 333; 11 A. 46; 15 A. 662, 669; 16 A. 445; 20 A. 83, 85, 90, 126, 563; 21 A. 221; 24 A. 254, 341, D. Sec. 171, 3395.

ART. 3014. [2983.]-When there are several attorneys in fact empowered by the same act, they are not responsible in solido for