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2. In cases of fire, shipwreck, inundation, insurrection, riot or like extraordinary emergencies, by the owner of personal property committing it, out of necessity, to the care of any person. En. March 21, 1872.
Cal.Rep.Cit. 58, 122.
Involuntary deposit in cases of emergency must be accepted: See next section.
Involuntary deposit is gratuitous: See post, sec. 1845.
8 1816. Duty of involuntary depositary. The person with whom a thing is deposited in the manner described in the last section is bound to take charge of it, if able to do so. En. March 21, 1872.
§ 1817. Deposit for keeping, what. A deposit for keeping is one in which the depositary is bound to return the identical thing deposited. En. March 21, 1872.
Deposit for keeping: See post, secs. 1833 et seq.
$ 1818. Deposit for exchange, what. A deposit for exchange is one in which the depositary is only bound to return a thing 'corresponding in kind to that which is deposited. En. March 21, 1872.
Deposit for exchange transfers title: Post, sec. 1878. Loan for exchange: See post, secs. 1902 et seq.
ARTICLE II. OBLIGATIONS OF THE DEPOSITARY. $ 1822. Depositary must deliver on demand. $ 1823. No obligation to deliver without demand. $ 1821. Place of delivery. $ 1825. Notice to owner of adverse claim. $ 1826. Notice to owner of thing wrongfully detained. $ 1827. Delivery of thing owned jointly, etc.
$ 1822. Depositary must deliver on demand. A de positary must deliver the thing to the person for whose benefit it was deposited, on demand, whether the deposit was made for a specified time or not, unless he has a lien upon the thing deposited, or has been forbidden or prevented from doing so by the real owner thereof, or by the act of the law, and has given the notice required by section 1825. En. March 21, 1872.
Cal.Rep.Cit. 93, 287; 113, 102.
Depositary's lien: Consult section 3051 for a general lien upon personalty dependent on possession.
Notice of adverse proceedings: Post, sec. 1825.
8 1823. No obligation to deliver without demand. A depositary is not bound to deliver a thing deposited without demand, even where the deposit is made for a specified time. En. March 21, 1872.
Cal.Rep.Cit. 113, 102.
& 1824. Place of delivery. A depositary must deliver the thing deposited at his residence or place of business, as may be most convenient for him. En. March 21, 1872.
Cal.Rep.Cit. 58, 122.
$ 1825. Notice to owner of adverse claim. A depositary must give prompt notice to the person for whose benefit the deposit was made, of any proceedings taken adversely to his interest in the thing deposited, which may tend to excuse the depositary from delivering the thing to him. En. March 21, 1872.
Cal.Rep.Cit. 93, 287.
8 1826. Notice to owner of thing wrongfully detained. A depositary, who believes that a thing deposited with him is wrongfully detained from its true owner, may give him notice of the deposit; and if within a reasonable time afterward he does not claim it, and sufficiently establish his right thereto, and indemnify the depositary against the claim of the depositor, the depositary is exonerated from liability to the person to whom he gave the notice, upon returning the thing to the depositor, or assuming, in good faith, a new obligation changing his position in respect to the thing, to his prejudice. En. March 21, 1872.
$ 1827. Delivery of thing owned jointly, etc. If a thing deposited is owned jointly or in common by persons who cannot agree upon the manner of its delivery, the depositary may deliver to each his proper share thereof, if it can be done without injury to the thing. En. March 21, 1872.
DEPOSIT FOR KEEPING.
II. Gratuitous Deposit, $$ 1844-1847.
GENERAL PROVISIONS. $ 1833. Depositor must indemnify depositary. $ 1834. Obligation of depositary of animals. 8 1835. Obligations as to use of thing deposited. § 1836. Liability for damage arising from wrongful use.
1837. Sale of thing in danger of perishing. $ 1838. Injury to, or loss of thing deposited. $ 1839. Service rendered by depositary. § 1840. Extent of his liability for negligence,
§ 1833. Depositor must indemnify depositary. A depositor must indemnify the depositary:
1. For all damage caused to him by the defects or vices of the thing deposited; and,
2. For all expenses necessarily incurred by him about the thing, other than such as are involved in the nature of the undertaking. En. March 21, 1872.
Lender's liability for defects of articles borrowed: See sec. 1894.
8 1834. Obligation of depositary of animals. A depositary of living animals must provide them with suitable food and shelter, and treat them kindly. En. March 21, 1872.
Lien on keepers of livestock: See post, sec. 3051.
$ 1835. Obligations as to use of thing deposited. A depositary may not use the thing deposited, or permit it to be used, for any purpose, without the consent of the depositor. He may not, if it is purposely fastened by the depositor, open it without the consent of the latter, except in case of necessity. En. March 21, 1872.
Cal.Rep.Cit. 94, 350; 112, 601. See next section. Hiring: See post, secs. 1925 et seq. $ 1836. Liability for damage arising from wrongful use. A depositary is liable for any damage happening to the thing deposited, during his wrongful use thereof, unless such damage must inevitably have happened though the property had not been thus used. En. March 21, 1872.
$ 1837. Sale of thing in danger of perishing. If a thing deposited is in actual danger of perishing before instructions can be obtained from the depositor, the depositary may sell it for the best price obtainable, and retain the proceeds as a deposit, giving immediate notice of his proceedings to the depositor. En. March 21, 1872.
| 1838. Injury to, or loss of thing deposited. If a thing is lost or injured during its deposit, and the depositary refuses to inform the depositor of the circumstances under which the loss or injury occurred, so far as he has information concerning them, or willfully misrepresents the circumstances to him, the depositary is presumed to have willfully, or by gross negligence, permitted the loss or
En. March 21, 1872. Cal.Rep.Cit. 53, 736. $ 1839. Service rendered by depositary. So far as any service is rendered by a depositary, or required from him, his duties and liabilities are prescribed by the title on employment and service. En. March 21, 1872. See post, secs. 1965 et seq.
$ 1840. Extent of his liability for negligence. The liability of a depositary for negligence cannot exceed the amount which he is informed by the depositor, or has reason to suppose, the thing deposited to be worth. En. March 21, 1872. Am'd. 1873-4, 244.
Cal.Rep. Cit. 133, 538.
injury to occur.
GRATUITOUS DEPOSIT. $ 1844. Gratuitous deposit, what. $ 1845.
Nature of involuntary deposit. $ 1846.
Degree of care required of gratuitous depositary. § 1847. His duties cease, when.
Gen. Cit. to Art.--Cal. Rep. Cit. 103, 379; 116, 414.
8 1844. Gratuitous deposit, what. Gratuitous deposit is a deposit for which the depositary receives no consideration beyond the mere possession of the thing deposited. En. March 21, 1872.
Cal.Rep.Cit. 103, 379; 116, 414.
Degree of care necessary: See next section. If this bailment correspond to the mandatum as generally understood, requiring on the part of the bailee some service to be performed with respect to the deposit, then sections 1839, supra, and sections 1975, 1976, 1977, post, must be read together with section 1846, in determining the degree of care which this bailee must use.
$ 1845. Nature of involuntary deposit. An involuntary deposit is gratuitous, the depositary being entitled to no reward. En. March 21, 1872.
Involuntary deposit defined: See ante, sec. 1815.
$ 1846. Degree of care required of gratuitous depositary. A gratuitous depositary must use, at least, siight care for the preservation of the thing deposited. En. March 21, 1872.
Degree of care requisite: See note to sec. 1844, supra.
1847. His duties cease, when. The duties of a gratuitous depositary cease:
1. Upon his restoring the thing deposited to its owner;
2. Upon his giving reasonable notice to the owner to remove it, and the owner failing to do so within a reasonable time. But an involuntary depositary, under subdivision 2 of section 1815, cannot give such notice until the emergency which gave rise to the deposit is past. En. March 21, 1872.