must
harvest it himself and pay his debt from the crop. If the cultivator did
not get a crop this would not cancel his contract. Pledges were often made
where the intrinsic value of the article was equivalent to the amount of
the debt; but antichretic pledge was more common, where the profit of the
pledge was a set-off against the interest of the debt. The whole property
of the debtor might be pledged as security for the payment of the debt,
without any of it coming into the enjoyment of the creditor. Personal
guarantees were often given that the debtor would repay or the guarantor
become liable himself.
Trade was very extensive. A common way of doing business was for a merchant
to entrust goods or money to a travelling agent, who sought a market for
his goods. The caravans travelled far beyond the limits of the empire. The
Code insisted that the agent should inventory and give a receipt for all
that he received. No claim could be made for anything not so entered. Even
if the agent made no profit he was bound to return double what he had
received, if he made poor profit he had to make up the deficiency; but he
was not responsible for loss by robbery or extortion on his travels. On his
return, the principal must give a receipt for what was handed over to him.
Any false entry or claim on the agent's part was penalised three-fold, on
the principal's part six-fold. In normal cases profits were divided
according to contract, usually equally.
A considerable amount of forwarding was done by the caravans. The carrier
gave a receipt for the consignment, took all responsibility and exacted a
receipt on delivery. If he defaulted he paid five-fold. He was usually paid
in advance. Deposit, especially warehousing of grain, was charged for at
one-sixtieth. The warehouseman took all risks, paid double for all
shortage, but no claim could be made unless he had given a properly
witnessed receipt. Water traffic on the Euphrates and canals was early very
considerable. Ships, whose tonnage was estimated at the amount of grain
they could carry, were continually hired for the transport of all kinds of
goods. The Code fixes the price for building and insists on the builder's
giving a year's guarantee of seaworthiness. It fixes the hire of ship and
of crew. The captain was responsible for the freight and the ship; he had
to replace all loss. Even if he refloated the ship he had to pay a fine of
half its value for sinking it. In the case of co
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