consist1>nt that stolen money or chattels should ven;e with ven;e 6 indicates that a deposit of also hove heen made good. the same kind is intended. If lt die, or be Ver. 9.-For all manner of trelpua.-It hurt, or driven away.-The deposite,1 beast he• heen suppO!<ed that this refen; to " every might "die" nature.lly • or "be hurt" by a case of 11,~ft ; ~ but Kalisch is probably right wild beBBt or a fell ; or be "driven away '' by in restrict111g it to cues where a pen;on was thieves, without anyone seeing what had hap- accused of huving embezded property corn- pened. In that cue, if the man to whom the nutted to his care. He \\'1111 in that CBBe to animal wu entrusted would swear that he wes appear before the judges (eh. xviii. 118), to- no party to its disappearance, the owner had gether with bis ar.cuser, and to clear himself to put up with the loss. if he could. When he failed to do so, and Ver. 12.-If it be ■tolen.-If, however, the WIii! " condemned.'' he 11'88 bound to l"elltore case W1IB not an ambiguous one, but certainly douhle. Whioh anotherohallengea to be hie. kno11-n to be one of theft, restitution hnd to -Rather, " which a man cha.lleuges to be the be made, since it was supposed that with ,·ery thing•· (that he deposited). The case proper care the theft might have been pre- is supposed of the depositor being able to vented. point out that the person to 11·hom he en- Ver. 13.-If it be torn in pieoe■.-If again tnisted the deposit ha,; it still in his keeping. there was evidence that the creature had been Vers. 10, 11.-If a man deliver nnto hia kiDed by a wild beast, this evidence had to be neighbour &D UI or &Zl oz, etc.-The deposit produced, before the 011-ner or the judges, for of Cllttle is unheard of in classical antiquity ; the trustee to be exonerated from blame. A hut it might 11·ell be the w;age of a pastoral similar pro,·iso is found in the laws of the race (Gell. xlvii. 3). The pw-a.llel..ism of the Gentoos (Rosenmiiller, Orie,.t. vol. i. p. HS).
HOMILETICS. Ver. 7, 8.-77ie ,acred, c'harade:r of tnuts. The main teaching of this third para- praph of eh. :uii. is the sacred character of human trusts. Men are taught that they must carefully guard the property of others when committed to their charge, and religiously restore it upon demand to its rightful owner. No conversion of such Rroperty to the use of the trustee, under 2.ny circumstances whatever, is to be tolere.teL• l'l1e principle la.id down with respect to ancient, will apply equally to modem, trusts:- 1. If the thing entrusted be stolen, without the trustee bemg justly chargeable with having contributed to the theft by negligence, the loss must fall on the owner. II. If it be lost by non-preventible accident, as when a lion carries off a lamb, or when a ship goes down at sea, the ca.se is the same-the trustee is not lia.ble. Ill If, on the other hand, the trustee neglect to take sufficient care, a.nd damago occurs, he is bound to make good the injury caused by his own laches. IV. If he actually embezzle the trust, simple restitution will not meet the full cla.im.s of justice. He ought to be made to refund, and to be punished besides. V. In doubtful ca.ses the oath, or solemn assurance, of the trustee, that he has con- Teyed no part of the trust to his own use, ought to be accepted. Trusts are among the most import.ant of the contracts and obligations, whereby human society is carried on. Strict honesty and much thought and ea.re are requisite on the one hand, confidence, gratitude and tender consideration on the other. Trustees, it is to be remembered., do, for the most pa.rt, unpaid work. No one can be compelled to be a trustee. And unless a generous confidence is put in them, and their good int.entions are presumed. alike by the la.w a.nd by those for whom they act, trusteeship will be declined by prudent men, and grea.t inconveniences will follow.
EXPOSITION. Ven;. U, 15 I.Aw or BOIUIOWDTG.-Theact the in.&t&llee and for the benefit of the other of borrowing is cowiected with that of de- puty. This difference C1L11&BS a dilferen.r.e of positing, since in both cues, the property of obligation. The borrower, having borrowed ooe man is committed to the hands of mother ; IIOlely for his own edvmtage, must take all th, only, in the on.e case, it is at the illstBll.ee and risks, and in my cue return the thing bor- for the benefit of the m.e.n into whose hmds rowed, or its value, unless the owner ww. stiU, tht: property pllBSOli ; in the other CIISe, it is at in some sort, in charge of his owa propertJ, ell. JllUI, 1-lG.] 'l'IIF, flOOK <W EXODU~.
Things hired 11re not, however, to he regarded -By u with it/' we mnst nnrln8t1md. nnt 11sborrowed. If harm come to them, the merely present, but in charge of it, or flt □ 11,r owner must suffer the loss. rate so near it that he might hnve prevnnted the damage, had prevention been pos•ihle. Ver. H. And it be hurt or die.-The thing If it be an hired thing.-U anythinD" were borrowed might be e.nim11te or inanimate ; paid for the use of the thing, then it ;as not either might be "hurt;" the former might borrowed, but hired; end the owner was con- not only be hurt, but "die." Whatever the sidered to have counted in the risk of loss nr do.mnge, e.nd whatever the co.use, nnlese in the damage in fixing the amount of the hire. He single rnre cnse of the owner being in ch1<rge, was entitled therefore to no compensation the law required the borrower to make good Our own law does not rule this absolutely, but the !Jss to the owner. This law mllBt hnve takes into consideration the proportion of the acted as a considerable check upon borrowing. sum po.id for hire to the value of the tl,ing Ver. 15. If the owner thereof be with. it. hired, and the genero.l tacit undemanding.