A. 2. What care pawnee must take of the pledge, 424.

A. 3. Of the remedy of the pawnee, 424.

1. Of the pawnee's right to sell the pledge, 424.

2. Of the pawnee's right of action, 425.

6. Of the extinction of the contract of pawn, 426.

2d Class. Of bailments for the benefit of the bailor, 426.

S. 1. Of deposits, 426.

§ 1. Of the kinds of deposits, 427.

§ 2. Of the nature of a regular deposit, 428.

A. 1. What property may be deposited, 429.

A. 2. Between what persons the contract may be formed, 429.

A. 3. Of the requisites to form the contract of deposit, 429.

1. There must be a delivery, 429.

2. Of the intent of a delivery, 430.

3. The custody must be gratuitous, 430.

4. Of the consent of the parties, 430.

§ 3. Of the rights and obligations of the parties, 431.

A. 1. Of the rights of the depositor, 431.

A. 2. Of the obligations of the depositary, 431.

1. Of the care to be exercised by the depositary, 431.

2. Of the return of the deposit, 432.

A. 3. Of the rights of the depositary, 432.

S. 2. Of mandates, 433.

§ 1. Of the subject matter of the contract, 433.

§ 2. The contract must be gratuitous, 434.

§ 3. Consent of the parties and form of the contract, 434.

§ 4. Obligations and rights of the mandatary, 435.

§ 5. Obligations of the mandator, 436.

§ 6. Of the dissolution of the contract of mandate, 436.

3d Class. Of bailments for the benefit of the bailee, 437.

S. 1. Of gratuitous loans for use or commodatum, 438.

1. Of the things lent, and the use to be made of them, 438.

§ 2. The loan must be gratuitous, 439.

§ 3. Of the rights of the borrower, 439.

§ 4. Of the obligations of the borrower, 410.

A. 1. Of the degree of care to be taken of the thing, 440.

A. 2. Of the use of the thing, 440.

A. 3. Of the return of the thing loaned, 440.

A. 4. In what condition a loan must be returned, 441.

A. 5. How the contract of loan for use is dissolved, 441.

S. 1. Of gratuitous loan for consumption or mutuum, 441.

§ 1. Of the nature of the contract, 442.

A. 1. What constitutes the essence of this contract, 442.

A. 2. Of the persons who may enter into this contract, and of the

things which may be lent, 443.

§ 2. Of the obligation of the borrower, 444.

S. 3. Of loan on interest and usury, 444.

§ 1. Of interest of money, 414.

A. 1. Who are bound to pay interest, 444.

A. 2. To whom interest is allowed, 445.

A. 3. On what claims interest is allowed, 445.

A. 4. Of the quantum or amount of interest allowed, 446.

1. During what time, 416.

2. Simple interest, 447.

3. Compound interest, 447.

4. Of foreign interest, 447.

5. Interest how computed, 448.

6. When interest shall be barred, 449.

§ 2. Of usury, 450.

A. 1. Of the loan or forbearance, 451.

A. 2. Of the agreement to return the principal at all events, 452.

A. 3. Of the agreement to pay usury, 454.

A. 4. Of the intention to violate the law, 454.

A. 5. Of the effect of a usurious contract, 454.

S. 4. Of the quasi contract called promutuum, 455.

C. 3. Of bills of exchange, 456.

S. 1. Of the parties, 457.

§ 2.

Of the particular requisites, 458.

§ 3. Of the different kinds of bills of exchange, 461.

A. 1. Of foreign bills of exchange, 461.

A.2. Of inland bills of exchange, 461.

§ 4. Of the indorsement, 462.

A. 1. Of the form of the indorsement, 462.

A. 2. Of the effect of the indorsement, 463.

§ 5. Of the acceptance, 465.

A. 1. By whom the acceptance ought to be made, 465.

A. 2. Of the time of the acceptance, 465.

A. 3. Of the form of the acceptance, 466.

A. 4. Of the extent and effect of the acceptance, 467.

S. 3. Of the presentment of a bill of exchange, 467.

§ 1. To whom it must be presented, 468.

§ 2. The place where the presentment ought to be made, 468.

3. Of the time of presentment, 468.

§ 4. Of the excuses for not making a presentment, 469.

A. 1. Excuses applicable to all indorsees, 469.

A. 2. Excuses applicable to particular indorsees, 470.

S. 4. Of the notice of dishonor, 470.

§ 1. Of the form of notice of dishonor, 471.

§ 2. By whom to be given, 471.

§ 3. To whom to be given, 472.

§ 4. When notice of dishonor to be given, 472.

5. Where notice of dishonor to be given, 473.

6. The effect of notice of dishonor, 473.

§ 7. What will excuse a want of notice, 474.

§ 8. Of the waiver of the notice, 474.

S. 5. Of the protest, 474.

S. 6. How the parties to a bill are discharged, 475.

C. 4. Of promissory notes, 476.

C. 5. Of marine insurance, 477.

S. 1. Of the parties to the policy, 478.

S. 2. Of the things insured, 478.

§ 1. Of the interest of the insured, 478.

§ 2. Of the ship, 479.

A. 1. Of the sea-worthiness of the ship, 480.

A. 2. Of the employment of the ship, 481.

A. 3. Of the voyage, 481.

1. When the illegality of the voyage shall avoid the contract, 481.

2. When deviation will discharge the underwriters, 482.

1° When a deviation can be justified, 482.

2° Of the effect of a deviation, 484.

S. 3. Of the risk, 485.

§ 1. Of the nature of the risk, 485.

§ 2. Of the duration of the risk, 486.

S. 4. Of the premium 487.

S. 5. Of the form of the contract of insurance, 487.

§ 1. General requisites of a policy, 487.

§ 2. Of the formal parts of a policy, 488.

S. 6. Of warranties, 491.

S. 7. Of representations, 491.

S. 8. Of concealment, 493.

A. 2. Of the pledge, 507.

A. 3. Of the names of the ship and of the master, 508.

A. 4. Of the names of the lender and borrower, 508.

A. 5. Of the description of the voyage, or the term for which the

loan is made, 509.

S. 2. Of respondentia, 509.

C. 9. Of games and wagers, 509.

S. 1. Of gaming, 509.

S. 2. Of wagers, 511.

INSTITUTES

OF

AMERICAN LAW.

PRELIMINARY BOOK:

PART I.-OF LAWS IN GENERAL.

MAN is a social being, fond of the company of his fellows, and always disposed to live with others. It is thus that families, tribes and nations are formed. Men render to, and receive mutual benefits and assistance from each other. But in such societies there must constantly arise causes of difference among the several members, and these must be adjusted or settled, either by the parties themselves, or by some power which is superior to them. Their rights must also be regulated, so that the parties may know to what each one is entitled. This is done by an actual or presumed agreement of all the members of the society, state or nation, by the establishment of certain rules, which acquire the name of laws. The knowledge of these laws, or the science by which they are understood, is called jurisprudence.

2. The first step to understand this science is, therefore, to know exactly the nature of the laws, and to form of them a definite and precise idea. By science is understood a connection of truths, founded on evident principles or on demonstrations; a collection of VOL. I.

1