Page:Laws of Hammurabi, King of Babylonia.djvu/18

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76
RECORDS OF THE PAST

is advanced, is robbed, he shall return and make statement under oath to his creditor of the circumstances of the robbery and thereupon shall be discharged [from liability on account of loan].

104. Anyone delivering to a middleman, factor or broker, grain, sesame or other merchandise to sell [for his account], the middleman, factor or broker shall give to him a receipt or written obligation setting forth the commission and conditions [contract of brokerage] under which sales and disposals of the properties are to be made and shall, in return, take a receipt [a written authority to sell] from his consignee. The middleman, broker or factor shall not use the money of his business man [consignee] unless receipted for [authorized in writing].

105. If the middleman, factor or broker is negligent and has failed to take receipts for money paid by him to the business man, he is estopped from making a subsequent claim therefor.

106. If anyone furnishes money to a middleman, broker or factor and said middleman, broker or factor afterward denies the receipt of such money and the person advancing the money shall make oath to the transaction and produce witnesses to substantiate his claim and the claim is found to be a just one, he shall be entitled to reclaim from the middleman, broker or factor 3 fold the money advanced by him to the middleman, broker or factor.

107. Anyone advancing money to a middleman, broker or factor which has been returned to him in full, and at the payment, the lender disputes the payment, the party making the advance, upon the unjustness of his dispute being determined, shall compensate the middleman or broker by paying to him 6 fold the amount advanced, repaid and disputed by him.

108. Any restaurant [inn] keeper who for the payment of drinks [or entertainment] shall [demand] and receive grain according to gross weight instead of money and if it is shown by the payer that the drink [or entertainment] is of a lesser value {that that charged for, the innkeeper shall be deemed guilty of misconduct [misdemeanor] and thrown into the water [in punishment].

109. If a restaurant or innkeeper allows conspirators to meet at his or her house and these conspirators are brought to trial before the courts [and are convicted], the innkeeper shall be put to death.

110. In event a virgin of the temple opens [sells liquors] or enters a bar for the purpose of drink she shall be burnt up.

111. An innkeeper delivering 60 "ka usakani" liquor [to one on credit] shall be repaid at the harvest 50 "ka" of grain.

112. If anyone while on a journey intrusts to another person gold, silver, precious stones or other personal property and the bailee fails to transport all such property to the destination determined upon [and directed by the bailor] , but appropriates it [or any part thereof] to his own use, he, the bailee, shall give back to the bailor 5 fold the amount which has been appropriated by him.

113. If anyone receives an order from another for gold or grain and the giver of the order takes out of the house for safe-keeping [the storage place of the article for which the order was given] without the knowledge of the person to whom the order was given, any part of the gold or grain, he shall be held amenable and shall return the gold or grain to the person holding his order and [in punishment therefor the property of the wrongdoer shall be confiscated] his property shall be confiscated.