Page:United States Statutes at Large Volume 47 Part 1.djvu/1252

 1228 DEPOSIT FOR CHAPTER 37 .-DEPOSIT FOR KEEP ING BEEPII3(3 . General provis ions . GENERAL PROVISIONS Eademnificahon . SEC. 71 2. DEPO Srro a MU ST I NDEM NIFY DEPOSPrARY . -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 . Post, p . 1243. Obligation of of, nimal5 . Post, p.1306. Use of thing posited . Post, p.1245. Liability for wrong . ful use. Sale of perishables . Post, p. 1230. 72d C ONGRESS . SESS. II . CH. 128 . FE BRUAR Y 27, 1933 . CrossReference Lenders liability for defects in articles borrowed, see section 808 . bailee SEC. 713 . OBLIGATION OF DEPOSITARY OF ANIMALS .-A depos itary of living animals must provide them with suitable food and shelter, and treat them kindly . Ce oss REPEsENoa L ien of keepe rs of lives tock, see s ectio n 1393. de. SEC. 714. OBLIG ATIONS AS TO USE OF THIN G DEPO SITED- -A depos itary 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 latt er, except in cas e of necessity. CrossRrxrENOE6 Hiring Liability for wrongful use, see section 715. SEC. 715. LIABILITY FOR DAMAGE ARISING FROM WRONGFUL USE .-- A depositary is liable for any damage happening to the thing de- posit ed, du ring h is wro ngful use th ereof, unless such damage must inevitably have happened though the property had not been thus used. SEC. 716. ,SAIE 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. Cross REPEBENCE Sale of perishables, see section 730. thing eposlted .lo ss pf SEC. 717. INJURY TO OR LOSS OF THING DEPOSITED. If a th ing is lost o r inju red du ring i ts dep osit, and the depos itary refuse s 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 presum ed to have w illful ly, or by gr oss neg ligenc e, per mitted the loss or injury to occur. d Servic e rendered by SEC. 718. SERVICE RENDERED BY DEPOSITARY .-So far as any serv ice is rendered by a depositary, or required from him, his duties and Pest, pp. 1247-1252 . liabilities are prescribed by shapers 41 to 43 of this code on employ- ment and service. Liability of baileo. SEC. 719. LIABILITY OF DEPOSITARY .-The liability of a depositary for negligence can not exceed the amount which he is informed by the depositor, or has reason to suppose, the thing deposited to be worth.
 * definition of term, see sections 824 et seq.