In the absence of a surety from the usufructuary, the owner may require that the furniture which withers through use be sold, for the price of it to be placed like that of commodities; and then the usufructuary enjoys the interest during his usufruct : however, the usufructuary may request, and the judges may order, according to the circumstances, that a part of the furniture necessary for his use be relinquished to him, under his simple juratory guarantee, and on condition that they be represented at the extinction of the usufruct.