Page:Laws of Hammurabi, King of Babylonia.djvu/17

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75
LAWS OF HAMMURABI

vated part shall be deemed to be his share, and the owner thereof shall have the cultivated portion.

62. In event the gardener takes the field which has been intrusted to him, if it be a wheat field, and fails to cultivate it, the gardener shall be compelled to pay to the owner such sums of money or such an amount of grain as might have been raised upon the field in accordance with what has been raised upon adjoining fields, and shall moreover place the field in a cultivated condition.

63. If anyone shall redeem waste land and make a cultivated field out of the same and return it to its owner the owner shall measure out for a year 10 "gur" of grain for every 10 "gan" [of land]. [The 10 "gur" of grain for each 10 "gan" of land shall be paid but once in compensation for the services rendered in making the land productive.]

64. Anyone leasing a field for the purposes of cultivation shall, so long as he retains possession thereof, render ⅔ of the profit thereupon to the owner and shall retain ⅓ for himself.

65. In event the lessee does not work the field and the profit thereof decreases he shall give to the owner thereof profit commensurate with the products on neighboring fields.

[There are 5 rows of text missing here which have been chiseled out. The following paragraphs were obtained from copies out of the library of Assurbanipal:]

a. Anyone selling to another a date garden [borrowing money from another and giving therefor a date garden as security] upon condition that the dates grown thereon shall be the consideration [security] for the money paid by the purchaser [lender], the owner of the field shall be entitled to harvest the dates and return to the purchaser [lender] the purchase price [borrowed money] for the same and interest according to the order [covenants] of the contract, and may dispose of the dates as he deems advisable.

b. If anyone leases property from another for the term of a year, paying therefor [in advance] and the lessee shall be ejected by the owner, he, the lessee, shall be entitled to receive back such portion of the money as is represented by the unexpired term.

c. [Anyone] owing a debt of grain or money to another which he is unable to pay back, shall be entitled to produce other possessions which he may have equal in value [to the advancement] and discharge his indebtedness [by delivering them to his creditors].

[The enumeration of the paragraphs from this point gives rise to the supposition that the gap takes in 35 paragraphs and goes on from 100.]

100. Anyone borrowing money shall, on the day of settlement, repay the same to his creditor, with interest, according to the memoranda of his contract [for payment].

101. Anyone advancing money to another for the purpose of enabling the borrower to engage in business elsewhere, and the borrower to whom he advances failing to profit by his enterprise in such foreign place, he, the lender, shall receive back from the borrower the money so advanced.

102. In event anyone has an advance made to him of money for an enterprise in which he [subsequently] suffers, the loser shall return the money advanced by his creditors.

103. In event an advancement is made to another and the borrower, while on his journey in pursuance of the enterprise for which the money