The Republican., 1896-03-19

If he who has committed the in
justice does not make restitution,
the duty passes over to those who
have co-operated in the injustice,
or not hindered, although they
could and were obliged to hinder
it, Those who cooperate are the
cause of the injustice done to the
neighbor, land must make restitution
If the principal author does not.
The same is to be said of those who
did not prevent the injustice when
they could and by virtue of their
office or state OF life were obliged to
hinder it. Thus parents must re,
pair the lnjustices of their children
when they could haye prevented
them.
To whom must the property Of
others be restored, or the damage
be repaired? The answer is, to the
proprietor, or if he is no longer
living, to his heirs, because they
enter into the rights of the testator.
Only in two cases can, and must
restitution be made to the poor or
for pious purposes; first. when there
is question of a very insignificant
amount and restitution to the
owner would be connected with
great inconvenience, and secondly,
when the proprietor IS unknown Or
when it would be imossible to re-
store to him.
How much must be restored?
We must distinguish here whether
somebody has appropriated to HIM
self and possesses the property of
another Yily1ngly and knOwjng7y, i.
e., in bad faith, or unayjlzjngzy and
unknO'gjngly, i. e., in good fajtb.
He who with knowledge and will,
therefore in bad faith. appropriates
or possesses the property of another
must indemnify the proprietor;
that is, he must place him in the
same situation in which he would
be if no injustice had been done to
him. He is obliged, therefore,
First, 10 restore the goods of
another, or if he no longer posses
ses them, their full value;
Secondly, To compensate the
proprietor for all the gain of which
he has deprived him, and,
Thjrdly, To repair all the dam
age which he has caused him. He
is allowed to deduct only those
expenses which the owner himself
could not have possibly avoided had
he remained in the quiet posses
sion of his property.
He who without knowledge and
will, therefore, in good fafth appro-
PIRATES or possesses the property of
another, is obliged as soon as he
finds out that 1t belongs to another
to restore what he still possesses of
it, and as much as he has become
richer by it.
When must we restore, or lndem-
Nifty? 1t must be done as soon as
possible. He who does not restore
1ll-gotten goods when he can, has
not an earnest will to make restitu-
ton, for what one earnestly wills to
do, he will do as soon as he can.
Moreover, restitution becomes more
difficult by delay, for attachment
to property usually grows, and the
damage or loss which accrues to
the neighbor by delay, becomes
greater. Finally, no one should
defer restitution and indemnlfca-
tiOn, for he exposes himself to the
danger of being oyertaken by death
without having fulfilled his duty.
If one cannot make restitution at
once, he must have the sincere will
to do so as soon as possible. If he
cannot restore it all at once, he
must Go so little by little, and con-
tinue until he has restored the
whole. If he cannot restore all, he
must at least restore partially in as
far as it is possible for him, for if
the owner has a right to all his
property he has right to all the
parts of it.
All the above is founded on the
following principles, copied from