Horace Gray

“ But as to the nature and effect of a lease for years, at a certain rent which the lessee agrees to pay, and containing no express covenant on the part of the lessor, the two systems differ materially. The common law regards such a lease as the grant of an estate for years which the lessee takes a title in, and is bound to pay the stipulated rent for, notwithstanding any injr y by flood, fire, or external violence, at least unless the injury is such a destruction of the land as to amount to an eviction ”

“ If an interpretation can be given to the particular article which, without doing violence to its terms, will make it harmonize with the general rules and the other provisions of the Code regulating the subject-matter, such interpretation should be adopted.' It is to be remembered that the Louisiana Code, as it was originally enacted in 1808, and as it was again promulgated in 1825, and remained in force until 1870, was in French as well as in English. ”

“ But article 2743 (2714) relates to the abatement of rent only, and does not affect the right of the lessee to have the lease annulled. The case of a tenant demanding an abatement of rent while retaining his lease, and thereby reserving the opportunity of reaping profits during the rest of the term, stands on quite different ground from the case of a tenant seeking to annul the lease, and thus to give up all prospective benefits at the same time that he is relieved from all burdens. ”

“ The Louisiana Code, following the French law and the Code Napoleon, recognizes two kinds or degrees of what, under various but equivalent names, has been called vis major, cas fortuit, irrestible force, inevitable accident, or unforeseen event; the one, ordinary, which might have been foreseen by any man of common prudence as not unlikely to happen at some time ”

“ No violence is done to the language of the treaty by a construction which conforms the English and Spanish to each other. Although the words 'shall be ratified and confirmed' are properly the words of contract, stipulating for some future legislative act, they are not necessarily so. ”

“ But article 2743 (2714) is limited to a destruction of the crop only. There is no doubt that by the civil law, as by the common law, crops, so long as they are standing and ungathered, are part of the land to which they are attached. ”

“ The material facts regarding the cultivation of sugar-cane, as appearing by the evidence returned with the master's report, are these: Sugar-cane is propagated by cutting standing cane and planting it as seed cane. The cane so cut from one acre will plant not more than three acres. The plants that spring up from the seed cane are called plant cane; the roots from which cane has been cut are called stubble ”

“ In France, 'an inundation, to which the country is not ordinarily subject,' is expressly ranged, in article 1773 of the Code Napoleon, before quoted, with the ravages of war, under extraordinary accidents, cas fortuits extraordinaires. In Louisana the breaking of the Mississippi through the levees occurs so often that it is held not to be an extraordinary accident ”

“ If, as we think must be admitted, the security of private property was intended by the parties, if this security would have been complete without the article, the United States could have no motive for insisting on the interposition of the government in order to give validity to the titles which, according to the usages of the civilized world, were already valid. ”

“ It is manifest, therefore, that the language of these provisions of the Louisiana Code was taken from the French Code.
The Codes of 1825 and 1870 also contain the following article: 'Art. 2697, (2667.) If, during the lease, the thing be totally destroyed by an unforeseen event, or if it be taken for a purpose of public utility, the lease is at an end. If it be only destroyed in part, the lessee may either demand a diminution of the price, or a revocation of the lease. In neither case has he any claim for damages. ”

“ Si le preneur est expulse par le fait du prince, par une force majeure, ou par quelque autre cas fortuit, ou si l'heritage perit par un debordement, par un tremblement de terre, on autre ev enement, le bailleur, qui etait tenu de donner le fonds, ne pourra pr etendre le prix du bail, et sera tenu de rendre ce qu'il en avait re cu, mais sans aucun autre d edommagement; car personne ne doit r epondre des cas fortuits.'↑ '74. ”

“ Lorsque la chose lou ee, que le locateur offre de d elivrer au conducteur, ne se trouve pas enti ere, le locateur en ayant perdu une partie depuis le contrat, ou lorsqu'elle ne se trouve pas au meme etat qu'elle etait lors du contrat; quand ce qui manque de la chose, ou quand le changement, qui est arrive dans la chose, est tel que le conducteur n'e ut pas voulu prendre catte chose a loyer, si elle se f ut trouve ee telle qu'elle est devenue depuis ”