Cap. 16 Art. 553Where possessor is deemed to have derived a benefit.

For the purposes of the provisions of the last two preceding articles, the possessor is deemed to have derived a benefit from the said damage or alienation in each of the following cases only:

(a) if the subject of the benefit so derived is found, at the time of the judicial demand, to exist separately from the things belonging to the possessor;

(b) if, where the subject of such benefit has been intermixed with things belonging to the possessor, his estate is found, at the time of such demand, to have been enhanced thereby;

(c) if, where the subject of such benefit has been consumed by the possessor, such possessor has in consequence saved his own things, and such saving still exists:

Provided that it shall be lawful for the possessor in any of the foregoing cases to retain the subject of such benefit on paying to the plaintiff the value of the things at the time he shall have disposed thereof or their value at the time of the demand, whichever is the greater.