ot
proprietary but administrative. He might borrow from it but repaid like
other borrowers. The tithe seems to have been the composition for the rent
due to the god for his land. It is not clear that all lands paid tithe,
perhaps only such as once had a special connexion with the temple.
The Code deals with a class of persons devoted to the service of a god, as
vestals or hierodules. The vestals were vowed to chastity, lived together
in a great nunnery, were forbidden to open or enter a tavern, and together
with other votaries had many privileges.
The Code recognizes many ways of disposing of property--sale, lease,
barter, gift, dedication, deposit, loan, pledge, all of which were matters
of contract. Sale was the delivery of the purchase (in the case of real
estate symbolized by a staff, a key, or deed of conveyance) in return for
the purchase money, receipts being given for both. Credit, if given, was
treated as a debt, and secured as a loan by the seller to be repaid by the
buyer, for which he gave a bond. The Code admits no claim unsubstantiated
by documents or the oath of witnesses. A buyer had to convince himself of
the seller's title. If he bought (or received on deposit) from a minor or a
slave without power of attorney, he would be executed as a thief. If the
goods were stolen and the rightful owner reclaimed them, he had to prove
his purchase by producing the seller and the deed of sale or witnesses to
it. Otherwise he would be adjudged a thief and die. If he proved his
purchase, he had to give up the property but had his remedy against the
seller or, if he had died, could reclaim five-fold from his estate. A man
who bought a slave abroad, might find that he had been stolen or captured
from Babylonia, and he had to restore him to his former owner without
profit. If he bought property belonging to a feudal holding, or to a ward
in chancery, he had to return it and forfeit what he gave for it as well.
He could repudiate the purchase of a slave attacked by the _bennu_ sickness
within the month (later, a hundred days), and had a female slave three days
on approval. A defect of title or undisclosed liability would invalidate
the sale at any time.
Landowners frequently cultivated their land themselves but might employ a
husbandman or let it. The husbandman was bound to carry out the proper
cultivation, raise an average crop and leave the field in good tilth. In
case the crop failed the Code fixed a statutory ret
|