Page:United States Statutes at Large Volume 76A.djvu/252

–156– -156§ 1692. Obligation of depositary of animals A depositary of living animals shall provide them with suitable food and shelter, and treat them kindly. § 1693. 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. H e may not, if it is purposely fastened by the depositor, open it without the consent of the latter, except in case of necessity. § 1694. Liability for damage arising from wrongful use A depositary is liable for damage happening to the thing deposited, during his wrongful use thereof, unless the damage must mevitably have happened though the property had not been thus used. § 1695. 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. § 1696. 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, as far as he has information concerning them, or willfully misrepresents the circumstances to him, the depositanr is presumed to have willfully, or by gross negligence, permitted the loss or injury to occur. § 1697. Services by depositary As far as any service is rendered by a depositary, or required from him, his duties and liabilities are prescribed by chapters 59-63 of this title on employment and service. § 1698. Liability of depositary The liability of a depositary for negligence may not exceed the amount which he is informed by the depositor, or has reason to suppose, the thing deposited to be worth. Subchapter II—Gratuitous Deposit § 1721. Gratuitous deposit defined Gratuitous deposit is a deposit for which the depositary does not receive consideration beyond the mere possession of the thing deposited. § 1722. Nature of involuntary deposit An involuntary deposit is gratuitous, the depositary not being entitled to a reward. § 1723. Degree of care required A gratuitous depositary shall use at least slight care for the preservation of the thing deposited. § 1724. Termination of duties of depositary The duties of a gratuitous depositary cease upon his: (1) restoring the thing deposited to its owner; or (2) giving reasonable notice to the owner to remove it and the owner failing to do so within a reasonable time. An involuntary depositary, under paragraph (2) of section 1633 of this title, may not give such a notice until the emergency which gave rise to the deposit is past.

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