CONTRIBUTION,
contracts. When two or more persons jointly owe a debt, and one is
compelled to pay the whole of it, the others are bound to indemnify him
for the payment of their shares; this indemnity is called a
contribution. 1 Bibb. R. 562; 4 John. Ch. R. 545; 4 Bouv. Inst. n.
3935-6.
2.
The subject will be considered by taking a view, 1. Of right of the
creditors where there are several debtors. 2. Of the right of the debtor
who pays the whole debt. 3. Of the liabilities of the debtors who are
liable to contribution. 4. Of the liability of land owned by several
owners, when it is subject to a charge. 5. Of the liability of owners of
goods in a vessel, when part is thrown overboard to save the rest.
3.
- 1. The creditor of several debtors, jointly bound to him, has a right
to compel the payment by any he may choose; but hecannot sue them
severally, unless they are severally bound.
4.
- 2. When one of several debtors pays a debt, the creditor is bound in
conscience, if not by contract, to give to the party paying the debt all
his remedies against the other debtors. 1 Cox, R. 318 S. C. 2 B. &
P. 270 2 Swanst. R. 189, 192; 3 Bligh, 59 14 Ves. 160; 1 Ves. 31 12
Wheat. 596 1 Hill, Ch. R. 844, 351 1 Term. St. It. 512, 517; 1 Ala. R.
23, 28; 11 Ohio It. 444, 449 8 Misso. It. 169, 175.
5.-
3. A debtor liable to contribution is not responsible upon a contract,
but is so in equity. But courts of common law, in modern times, have
assumed a jurisdiction to compel contribution among sureties, in the
absence of any positive contract, on the ground of an implied assumpsit,
and each of the sureties may be sued for his respective quota or
proportion. White's L. C. in Eq. 66. The remedyin equity is, however,
much more effective. For example, a surety who pays an entire debt, can,
in equity, compel the solvent sureties to contribute towards the
payment of the entire debt. 1 Chan. R. 34 1 Chan. Cas. 246; Finch, R.
15, 203. But at law he can recover no more than an aliquot part of the
whole, regard being had to the number of co-sureties. 2 B. & P. 268;
6 B. & C. 697.
6.
- 4. When land is charged with the payment of a legacy, or an estate
with the portion of a posthumous child, every part is bound to make
contribution. 3 Munf. R. 29; 1 John. Ch. R. 425 2 Bouv. Inst. n. 1301.
7.
- 5. Contribution takes place in another case; namely, when in order to
save a ship or cargo, a part of the goods are cast overboard, the ship
and cargo are liable to contribution in order to indemnify the owner of
the goods lost, except his just proportion. No contribution can be
claimed between joint wrong doers. Bac. Ab. Assumpsit A; Vide 3 Com.
Dig. 143; 8 Com. Dig. 373; 5 Vin. Ab. 561; 2 Supp. to Ves. jr. 159, 343;
3 Ves. jr. 64; Wesk. Ins. 130; 10 S. & R. 75; 5 B. & Ad. 936;
S. C. 3 N. & M. 258; Rast. Entr. 161; 2 Ventr. 348; 2 Vern. 592; 2
B. & P. 268; 3 B. & P 235; 5 East, 225; 1 J. P. Smith 411 5 Esp.
194; 3 Campb. 480; Gow, N. P. C. 13; 2 A. & E. 57; 4 N. & M.
64; 6 N. & M. 494.
CONTRIBUTIONS, public law. Taxes or money contributed to the support of the government.
2.
Contributions are of three kinds, namely: first, those which arise from
persons on account of their property, real or personal, or which are
imposed upon their industry - those which are laid on and paid by real
estate without regard to its owner; and - those to which personal
property is subject, in its transmission from hand to hand, without
regard to the owner. See Domat, Dr. Publ. 1. 1, t. 5, s. 2, n. 2.
3. this is a generic term which includes all kinds of impositions for the public benefit. See Duties; Imports; Taxes.
4.
By contributions is also meant forced levy of money or property by a
belligerent in a hostile country which he occupies, by which means the
country is made to contribute to the support of the army of occupation.
These contributions are usually taken instead of pillage. Vatt. Dr. des
Gens, liv. 3, 9, 165; Id. liv. 4, c. 3, 29.
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