Title 18 — Business Structure and Function

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 owner, or of a third party. The person giving is called the depositor, and the person receiving the depositary. SOURCE: CC § 1814.

COL120106 An involuntary deposit is made: 1. By the accidental leaving or placing of personal property in the possession of any person, without negligence on the part of its owner; or 2. In cases of fire, shipwreck, inundation, insurrection, riot, or like extraordinary emergencie…

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. SOURCE: CC § 1816.

A deposit for keeping is one in which the depositary is bound to return the identical thing deposited. SOURCE: CC § 1817.

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. SOURCE: CC § 1818. ----------- ARTICLE 2 OBLIGATIONS OF THE DEPOSITARY

A depositary must deliver the thing to the person for whose benefit it was deposited, on demand, whether the deposit was made for a specific 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 …

A depositary is not bound to deliver a thing deposited without demand, even where the deposit is made for a specified time. SOURCE: CC § 1823.

A depositary must deliver the thing deposited at his residence or place of business, as may be most convenient for him. SOURCE: CC § 1824.

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. SOURCE: CC § 1825.

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 a…

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. SOURCE: CC § 1827.

When a deposit is made in the name of two or more persons, deliv- erable or payable to either or to their survivor or survivors, such deposit or any part thereof may be delivered or paid to either of said persons or to the survivor or survivors in the course of business. SOURCE: …

The 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. SOURCE: CC § 1833.

A depositary of living animals must provide them with suitable food and shelter, and treat them kindly. SOURCE: CC § 1834.

COL120106 A depositary may not use the thing deposited, or permit it to be used, for any purpose, without the consent of the depositor, open it without the consent of the latter, except in case of necessity. SOURCE: CC § 1835.

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. SOURCE: CC § 1836.

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. SOURCE: CC § …

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 …

So far as any service is rendered by a depositary, or required from him, his duties and liabilities are prescribed by Part 7 of this Title. SOURCE: CC § 1839.

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. SOURCE: CC § 1840. NOTE: No 1970 Civil Code '§ 1841-1843 existed. COL120106 ---------- ARTICLE 2 GRATUITOUS DEPOS…

Gratuitous deposit is a deposit for which the depositary receives no consideration beyond the mere possession of the thing deposited. SOURCE: CC § 1844.

An involuntary deposit is gratuitous, the depositary being entitled to no reward. SOURCE: CC § 1845.

A gratuitous depositary must use at least slight care for the preservation of the thing deposited. SOURCE: CC § 1846.

The duties of a gratuitous depositary cease: 1. Upon his restoring the thing deposited to its owner; or 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 invol- untary depositary, under '40103(2) of thi…

A deposit not gratuitous is called storage. The depositary in such case is called a depositary for hire. SOURCE: CC § 1851.

A depositary for hire must use at least ordinary care for the preservation of the thing deposited. SOURCE: CC § 1852.

In the absence of a different agreement or usage, a depositary for hire is entitled to one week's hire for the sustenance and shelter of living animals during any fraction of a week, and to one-half month's hire for the storage of any other property during any fraction of a half …

In the absence of an agreement as to the length of time during which a deposit is to continue, it may be terminated by the depositor at any time, and by the depositary upon reasonable notice. SOURCE: CC § 1854.

Notwithstanding an agreement respecting the length of time during which the deposit is to continue, it may be terminated by the depositor on COL120106 paying all that would become due to the depositary in case of the deposit so continuing. SOURCE: CC § 1855.

A depositary for hire has a lien for storage charges and for advances and insurance incurred at the request of the bailor, and for money necessarily expended in and about the care, preservation and keeping of the property stored, and he also has a lien for money advanced at the r…

If from any cause other than want of ordinary care and diligence on his part, a depositary for hire is unable to deliver perishable property, baggage, or luggage received by him for storage, or to collect his charges for storage due thereof, he may cause such property to be sold,…

The liability of an innkeeper, hotel keeper, operator of a licensed hospital, rest home or sanitarium, furnished apartment house keeper, furnished bungalow court keeper, furnished mobile home keeper, boardinghouse or lodging house keeper, for losses of or injuries to personal pro…

If an innkeeper, hotel keeper, operator of a licensed hospital, rest home or sanitarium, boardinghouse or lodging house keeper, keeps a fireproof safe and gives notice to a guest, patient, boarder or lodger, either personally or by putting up a printed notice in a prominent place…

Hotel, motel, inn, boardinghouse and lodging house keepers shall have a lien upon the baggage and other property belonging to or legally under the control of their guests, or boarders, or lodgers which may be in such hotel, COL120106 motel, inn, or boarding or lodging house for t…

Keepers of apartment houses, apartments, cottages, mobile homes, or bungalow courts shall have a lien upon the baggage and other property of value belonging to their tenants or guests, and upon all the right, title and interest of their tenants and guests in and to all property i…

Whenever any trunk, carpetbag, valise, box, bundle, baggage or other personal property has heretofore come, or shall hereafter come into the COL120106 possession of the keeper of any hotel, inn, or any boardinghouse or lodging house, apartment house, mobile home park, or bungalow…

Every keeper of a hotel, inn, boarding or lodging house, shall post in a conspicuous place in the office or public room and in every bedroom of said hotel, boardinghouse, inn, or lodging house, a printed copy of this section, and a statement of charges or rate of charges by the d…

COL120106 Every keeper of a hotel, inn, boarding or lodging house shall keep for a period of three years a register which shall show the name, residence, date of arrival and departure of his guests. Violation of this section shall constitute a violation punishable by a fine not t…

One who finds a thing lost is not bound to take charge of it, but if he does so he is thenceforward a depositary for the owner, with the rights and obligations of a depositary for hire. SOURCE: CC § 1865.

If a finder of a thing, other than a domestic animal, takes possession thereof, or if a person saves any such animal from drowning or starvation, he must, within a reasonable time, inform the owner thereof, if known, and make restitution to him upon demand, without compensation, …

The finder of a thing may, in good faith, before giving it up, require reasonable proof of ownership from any person claiming it. SOURCE: CC § 1867.

The finder of a thing is entitled to compensation for all expenses necessarily incurred by him in its preservation, and for any other service necessarily performed by him about it, and to a reasonable reward for keeping it. SOURCE: CC § 1868.

The finder of a thing may exonerate himself from liability at any time by placing it in storage with any responsible person of good character, at a reasonable expense. SOURCE: CC § 1869.

The finder of a thing may sell it, if it is a thing which is commonly the subject of sale, when the owner cannot, with reasonable diligence, be found, or refuses upon demand to pay the lawful charges of the finder, in the following cases: 1. When the thing is in danger of perishi…

A sale under the provisions of the last section must be made in the same manner as the sale of a thing pledged. SOURCE: CC § 1871. COMMENT: That part of the Civil Code dealing with the pledges was repealed by P.L. 13-150 and replaced by appropriate parts of Title 13 of this Code …

If no owner appears within three months after such finding or saving and offers reasonable proof of his ownership, and compensates, or in good faith, offers to compensate, the finder or saver for the expense necessarily incurred by him, then such property vests in such finder or …

The provisions of this Article have no application to things which have been intentionally abandoned by their owners. SOURCE: CC § 1873. This Article was renumbered from Article IV by P.L. 9-245. ----------- NOTE: No 1970 Civil Code '§ 1874-1877 existed. ---------- COL120106 COL1…

A deposit for exchange transfers to the depositary the title to the thing deposited, and creates between him and the depositor, the relation of debtor and creditor merely. SOURCE: CC § 1878. ---------- NOTE: No 1970 Civil Code '§ 1879-1883 existed. ---------- COL120106 COL120106…

A loan for use is a contract by which one gives to another the temporary possession and use of personal property, and the latter agrees to return the same thing to him at a future time, without reward for its use. SOURCE: CC § 1884.

A loan for use does not transfer title to the thing; and all its increase during the period of the loan belongs to the lender. COL120106 SOURCE: CC § 1885.