Where anyone entrusted with the property of another loses it, either
by fire, shipwreck, or some other accident, but at the same time saves
all his own property from destruction, he shall be compelled to render
full satisfaction for what was in his charge, and shall not be suffered
to set up any defence. But if he is known to have saved any portion of
his own property, he must return to him whose goods he had charge of,
a sum in proportion to the property lost or saved, which a court shall
decide to be equitable. If he should lose all his own possessions,
and save the property which was entrusted to his care, the same rule
shall apply; and he shall receive such a part of what he has saved as a
judge, after due consideration, shall decide him to be entitled to. For
in such cases it is not just that he alone who has exposed himself to
great danger should sustain loss, and, while he was attempting to save
articles of inferior value belonging to another, should lose all his
own possessions.
=ANCIENT LAW.=
=VI. Concerning Property Entrusted to a Slave without his Master’s
Knowledge.=
If any property entrusted to a slave for safe keeping, without the
knowledge of his master, should be lost, no responsibility therefor
shall attach to either the master or the slave. For the fault is his
who entrusted his property to the slave of another, the master being
ignorant of the fact. If the property aforesaid should be an animal,
and it should be lost through the fraud of shepherds, the master shall
be compelled to pay for it. The same rule shall apply to property
entrusted to another, which has been consumed or wasted through the
fraud or malice of those to whose charge it was committed.
=ANCIENT LAW.=
=VII. Where a Slave Fraudulently Demands Property Entrusted by his
Master to Another.=
If a master desiring to borrow, or to hire any property, should send
his slave for the same, and the latter should abscond with said
property, the master shall be compelled to make restitution. But if
the slave should falsely represent that his master had sent him, and
the property should be given him to be taken to his master, and he
should either destroy or lose said property, and absconding, cannot
be found, the master shall make oath that he had not sent the slave
upon such an errand, and that he did not know that he had gone; and,
under such circumstances, he shall incur no liability. The master, as
well as the person who entrusted the slave with the property, shall
exert themselves to the utmost to find him. We hereby decree that this
same rule shall apply to all property entrusted to anyone without
compensation.
=ANCIENT LAW.=
=VIII. Concerning Legal Interest.=
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