The sun. [volume] (New York [N.Y.]) 1833-1916, 1900-09-16

/ " NC n lhiN " NlV hNHAe US
retained the precision Of expression which Is
essential TO business transactions.
II.
The exercise Of judicial functions. at least
In matters Of commercial law. seems TO have
bean In the hands Of the hierarchy, The custom
which obtained in Babylonia Of providing
documentary evidence In almost all transac-
tions a custom which was slGnslly in con-
trast with the contemporary usage in Egypt
and tho frequency Of the occasions on which
written contracts were employed. made the
! notarial and judicial powers Of the priesthood
very extensive. The part taken In business
transactions by tho hierarchy was appropriate
for another reason. namely, that their interposi-
ton would naturally be presumed TO render oaths
more binding. The contracting parties we're
obi ged In their contracts 90 swear by the princt-
pal god Of the country. a. we'll as by the reign
ing prince. that they would abide by the terms
OF the contract. that they were entirely agreed
a. to its provisions and that they would not
try 10 set them II aside. To this contract tho
parties an Ied their seals. a number OF Wit
nesses subscribed and the whole was dated. The
official before whom the matter was arranged
was always one OF the witnesses. Tho custom
Of making contract records Ia duplicate seems
HDl 10 nave pT1Ndlleu as dIEely as II uOcs III
modern times. but that mode Of executing
contracts was employed in many Instances.
and possibly future discoveries will reveal
a wider diffusion OF II In the Babylonian two
fold contract one copy enclosed or covered the
other. Thus tho outer contract presery we'd
the inner from any falsihoaton, IA well as from
destruction by time or accidents. II has been
contended that from this Babylonian practice
the Romans derived their custom Of duplicating
legal instr uments II is certain that In tho
Roman system the practice just described was
adopted In the case Of wills, The contents
we're repeated on the outside, The document
was then tied and witnesses sealed the cord
which bound II, For all ordinary purposes
the external statement suficed: but II suspicion
Of any Justification arose the inner copy would
be at hand for comparison. and this was 40
copied as the authentic document.
1t Is probable that the formal instrument
recording mutual contraotual obligations was
not the first kind OF transaction IN which the
tablet record was used. The demand for such
evidence would not be 40 pressing In the case
Of contracts as In the transfer OF real property.
In such a transfer there was q necessity for
some evidence thai the land had been pur-
chased from us former owner. With movable
goods the case was different, The nero pos
session OF them was pr,ro 'dts evidence that
they had been legally acquired, To attest
ownership Of land. on the other hand. especially
where the land was not near the residence
Of the owner. needed some proof OF title In the
form Of a deed. From this necessity arose
an elaborate form Of conveyance. Frequently
| the deed would describe tAo land with MT
nuteness and II was drawn after established
formularies. and solemnly attested. In the
deed Of a garden and a house. reproduced In
the book before us, the extent Of the garden
IL not given. but the bounds arc described.
The property conveyed was apparently in the
nature Of a house-lot. on which stood the house,
| doubtless the chief matter In consideration
II the transfer had been OF unlmproved land.
the extent Of the property would be carefully
stated. as another deed cited by Mr., lee shous Q.
From the conveyance OF a piece OF land which
is sold for a definite sum to an instrument
recording the exchange OF one piece OF land
for another IL but a step. An example OF the
latter form Of deed is given In the present volume.
In Babylonia, however. a sale did not neces-
sarily convey what might he called a permanent
title. The seller could at any future time
demand the restitution OF the property on
payment Of the original sum with a customary
or stipulated fne. This demand for recon-
veyance might be enforced even after the whole
amount OF the purchase money had been paid
and the property had passed into the possession
OF the purchaser. Indeed. the right 70 reclaim
could be exercised even after the property
had passed into the hands Of a third party.
The right. moreover. OF reclaimins property
thai had been sold did not lapse with the death
OF the vendor but remained a. a part OF his
estate. In case the heir exercised the right
the cost OF redemption seems to have been
augmented by an extra fno. No act OF tho
original vendor could bar the right OF the heir
10 redeem. The truth Is that property was
not, at least In the earliest times, considered
the private property OF the vendor. II be-
longed 20 the family and was administered
by the head OF the family. but he had no right
permanently 20 dispose of II. In the course
OF time. when the sense OF common ownership
had become weak. the individual controlling
the property came TO regard II as his own
and sold II without scruple, But this action
on his part could not bar the right OF the family
TO redeem after his death. Their light had
not been disposed OF. IL is obvious that the
price OF an article sold would be materially
affected by the right Of the vendor and the
vendors heirs TO regain bis property at any
time, There would be great risks 10 making
improvements to property purchased. Bust
ness transactions would have been impossible
In many cases. Accordingly. In the course
OF time. this clause was often inserted In con-
tracts: The demand for a return 81 he property
will not bs made, The contract will not be
altered and no claim will be raised by either
party against the other" The parties TO the
sale we're able in this way to put themselve,
beyond the operation OF the law. So far a,
the vendor was concerned, the right Of reola.
nation was abandoned. Moreover a member
OF the vendors family. possibly all those who
had any right OF Inheritance. might appear al
- -
right TO red eem, SO ancient was the custom
OF abandoning the right OF reclamation tina