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

Gent times was much greater than 10 modern
to induce the lender 10 place hs money at sucn
hazards, the interest offered had to be rela-
lively high. The ground OF assurance that tbs
marine loan was well known In Babylonia IA
the presence Of formulas which could have
been used only IN such transactions. aud. In
fact, refer directly to them. These formuls
are found In the syllabsry. They were. APP
p%arently. In general use. aud contained both
sumero-A kkadlau and Babylonian terms. thus
indicating that the practice OF making sea
loans was OF very early date.
The Babylouian law developed 70 the full
est extent the idea Of q contract. Not only
deeds. mortgages. sales. loans and banking
transactions but the hiring Of servants. rent
and leases. partnerships. Wills and domestic
relations. including adoption. were reduced
to the form OF contract. and executed with the
same forrnaitles. that Ia 10 say. with a sigma
ture In the presence Of witnesses and OF a no.
tary. The relation Of master and servant was
regulated by a well-doveloped law. for. a.
there were comparatively few slaves. mon had
10 be hired either from day TO day or for a
definite time. Contract tablets. OF which an
example Is here given. mention the period
OF service. and also the amount Of wages. A
certain portion OF the wages was generally ad-
vanCed as earnest money. In many tablots
which have been presorvcd. the servant whose
labor was hired for six months or a year had
already contracted with a third party, and he
was merely transferred to a new master. Such
a transfer was but a part Of the general naby-
loniau s~yrtoln under which every credit or
right could be passed from one person 10 an
other by means Of contract. The law was
very strict as 10 the fulhlment Of contracts
between master and servant. Tho dates for
tho beginning and alton Of relations
were precisely fixed. II tho servant did not
appear, he could be arrested and brought 10
his master. On the other hand. the master
was obliged to care for him providing SUFFICIENT
food. shelter and clothing. and he was liable
for any accident that inieht be'all the servant
IN tho course Of his labor. This species Of
voluntary and temporary serfdom was very
common in Old Babylouia. II was retained
TO some extent In New Babylonia, but, owing
probably to the greater number OF actual slaves.
Il tended to disappear.
OF the contract for rent there were various
forms Houses were generally rem ted for ono
year. though. occasionally ths lease ran for a
longer period. An eiRht-ypar Lease has been
found. The exact date when possession be-
gins and terminates ars stated. A certain
portion OF the rent for tho term was generally
paid in advance. Tho remainder was paid
during occupancy. According 10 some con-
trlpts, tle tsni1t was responsible for re-
pairs The condition IL not infroquontly In
serted that tho tenant shall repa!r the beams
and the walls He could make only trifins
alterations In the property. Where land was
rented the conditions were more complicated.
There was a species OF ground rent. by which
the tenan built at his own cost a house on land
belonging TO another. He thereby acquired
q right 10 the house for q term Of years, az tire
expiration Of which the house fell 20 tho owner
OF the site. Ian intended for cultivation was
usually rented for a term OF years, often for
three years. and II vas understood, even II not
expressly stipulated. that the tenant should
cultivate the soil In the customary manner.
protect II from weeds. keep the irrigating
machinery In good order and water the fields.
II ths tenant desired to 1--we on the land and
there was no dwelling. lie would have 20 build
ono at his own expense. The rent was paid
either In a fred sum. often computed in prod
uos or In a definite proportion Of the harvest.
frequently as much as two-thlrds.
In a lease which Mr.. Leo reproduoes We find
three peasants hiring a field In common. From
this arrangement. whereby poor men might.
by combination. secure tho advan tages Of a
rich man The could have the farm titled by
slaves) to a formal business par tnership there
was but a step. The same causes that led TO
the formation Of . company OF peasants would
bring merchants together. In Old Babylonia
there was q scarcity Of movable capital and
currency. Capital seems TO have been tied UP
In land; partnership would In many instances
be a necessity, especially In the case Of meroan-
tile ventures beyond seas Examples OF arti-
cles OF partnership have not been found. but
there are numerous records Of the dissolution