Chapter IV. On Deposit and Sequestration

Deposit is a contract by which a thing to be guarded is gratuitously committed and accepted, to be restored entire when it pleases the depositor.

But sequestration is a species of deposit, by which a disputed thing is deposited with a third party, so that after the sentence of a judge or arbitrator it may be handed over to the victor. A twofold sequestration is distinguished: conventional, which occurs by mutual agreement of the contenders; judicial, which is decreed by sentence of the judge.

Concerning the obligations of the depositary and of the depositor, hold these things:

I. The depositary is held: 1st, to preserve and guard the deposited thing with that care and diligence which diligent men are accustomed to employ in preserving a similar thing of their own; for he has undertaken this custody of the thing handed over; 2nd, he cannot use the deposited thing without the express or tacit consent of the owner, or at least consent prudently presumed; for it is not licit to use another's thing without consulting the owner; 3rd, he is held immediately to return the deposited thing to the one asking, for otherwise he would have another's thing while the owner is reasonably unwilling.

II. The depositor is held to pay the expenses which the depositary underwent in preserving the thing deposited, and to indemnify him for all things which he suffered on occasion of the deposit. Thus, for example, if you deposited a horse in another's stable, you ought to pay the expenses of feeding; and if that horse labors under a contagious disease from which the horses of the depositary are infected, you ought to indemnify him according to the saying: His office ought to be harmful to no one.

Concerning sequestration it will be enough to indicate the following:

I. The object of both conventional and judicial sequestration can be a movable or immovable thing.

II. Conventional sequestration can be not gratuitous, and then it becomes a hiring of work and is subject to the laws of that contract. But if it is gratuitous, it is subject to the same rules as deposit. Nevertheless it is not dissolved unless the mutual consent of the parties or a legal cause supervenes.

III. In judicial sequestration, the custodian ought to exercise the care of a good father of a family; but the one committing to custody is held to pay the depositary the wage established by law.