CONTENTS OF NO. XXVI. II. RIGHT OF REMOVAL ON THE BREAKING OUT OF WAR At the breaking out of a war, has a Citizen a right to re- move from an enemy's country with his property? Comprising the principal cases in 1 Adolphus & Ellis, (in continuation of Barnewall & Adolphus,) Part. 1; 3 Ne- vile & Manning, Part 3; 1 Bingham's New Cases, Part 1; 4 Moore & Scott, Parts 1 and 2; 2 Crompton & Meeson, Part 2; and 4 Trywhitt, Parts 1 and 3. Suggestions for a Reform of the Court of Chancery, by a Union of the Jurisdictions of Equity and Law; with a plan of a new Tribunal for Cases of Lunacy. By AR- THUR JAMES JOHNES, Esq. of Lincoln's Inn Principles of Government-a Treatise on Free Institu- tions, including The Constitution of the United States. Celebrated Trials of all Countries, and Remarkable Cases An Address, Introductory to the Second Course of Lectures, in the Law School, at Augusta, Georgia, delivered March 11, 1835. By WILLIAM TRACY GOULD, Principal Reports of Cases argued and adjudicated in the Supreme Court of Judicature of the State of New Jersey. From November Term, 1831, to February Term, 1833, inclu- sive. Vol. I. By JAMES S. GREEN, Counsellor at Law, and Reporter of Cases adjudicated in the Supreme Court Report of the Commissioners appointed to revise the Civil Reports of Cases argued and determined in the Court of Exchequer, at Law and in Equity, and in the Exchequer Chamber, in Equity and in Error. Edited by FRANCIS J. TROUBAT, Esq. of the Philadelphia Bar. Vol. I. Con- taining the Cases reported by GEORGE PRICE, Esq. of the Middle Temple, Barrister at Law, in his first, second, AMERICAN JURIST. NO. XXVI. APRIL, 1835. ART. I.-THE CONTRACT OF SALE.-CIVIL LAW. Obligations of the Vendor. THE obligations of the vendor which result from the nature of the contract, are: 1. The delivery of the thing sold; and this includes the obligation of keeping it safely until it is delivered. 2. The obligation of warranty; First, against eviction and all legal disturbance of the purchaser's peaceable and exclusive possession; and Secondly, against certain faults and defects, which are denominated inhibitory vices. The Obligation of Custody. the pur The delivery is the transfer of the possession to the chaser. Traditio est possessionis datio. When the thing is sold, it is in the possession of the vendor, and he becomes debtor of it; and the obligation of delivery includes that of keeping it safely until it is delivered, or until there is delay, mora, on the part of the purchaser in receiving and taking it away. Every obligation of giving a thing, includes the accessory obligation of keeping it safely. As the vendor is bound for the safe custody, it is an important inquiry to determine to what degree of care and diligence he is bound, and what degree of negligence will render him liable to the purchaser for any damage, which may thereby accrue. On the subject of the liability of persons resulting from contracts, or quasi contracts, for damages happening to another, through their negligence or fault, called in the civil law præstatio culparum, the civilians have extracted from the various texts of the Digest a theory of great subtlety and ingenuity. It is recommended by its simplicity, and the facility with . which it impresses itself on the memory, and still more by its apparent completeness, as in its terms it professes to exhaust the subject, and to furnish a certain rule for the decision of every case, that can be presented. The theory, either from the authority of the civil law, where it is supposed to be found, and the great authority of the names, by which it is supported, or from the intrinsic merits of the system itself, or from both causes, has been adopted into the jurisprudence of most, if not all the nations of Europe. The theory, to which we allude, distinguishes faults into three degrees or classes, viz. gross fault, slight fault, and very slight fault. Gross fault or negligence, lata culpa, consists in not giving to the business of another that degree of care and attention, which careless and inattentive, or as it is sometimes expressed, the most careless and inattentive persons, give to their own affairs. This degree of negligence is opposed to good faith, and in contemplation of law, partakes of fraud. Slight fault or negligence, levis culpa, consists in not giving to the business of another that degree of care and attention, which men of common prudence bestow on their own. This is opposed to common diligence. Very slight fault, levissima culpa, consists in not rendering that degree of care and diligence which the most careful and attentive men give to their own concerns. This fault is opposed to the most exact diligence. In contracts, where the whole benefit is for the creditor of the obligation, and the services of the debtor are gratuitous, as |