Page:United States Statutes at Large Volume 76A.djvu/249

–153– -153§ 1632. Voluntary deposit A voluntary deposit is made by one giving to another, with his consent, the possession of personal property to keep for the benefit of the former, or of a third party. The person giving is the depositor, and the person receiving the depositary. § 1633. Involuntary deposit An involuntary deposit is made: (1) by the accidental leaving or placing of personal property in the possession of a person, without negligence on the part of its owner; or (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 a person. § 1634. Duty of involuntary depositary The person with whom a thing is deposited as provided by section 1633 of this title is bound to take charge of it, if able to do so. § 1635. Deposit for keeping A deposit for keeping is one in which the depositary is bound to return the identical thing deposited. § 1636. Deposit for exchange A deposit for exchange is one in which the depositary is bound only to return a thing corresponding in kind to that which is deposited. Subchapter II—Obligations of the Depositary § 1651. Delivery on demand A depositary shall 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 1654 of this title. § 1652. Necessity of demand A depositary is not bovmd to deliver a thing deposited without demand, even where the deposit is made for a specified time. § 1653. Place of delivery A depositary shall deliver the thing deposited at his residence or place of business, as may be most convenient for him. § 1654. Notice of adverse claim A depositary shall 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. § 1655. Notice of deposit to true owner 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 afterwards 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.

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