In later Babylonian times the phrase survived. The commissary acted “with the hand” of his principal. We may take this to be the hand-sign, or seal, representing written authority. It involved a reckoning with his master, and naturally gave rise to a number of delicate questions. If a man bought a house for another, having been commissioned so to do, his principal must of course pay the price. But was he bound to accept his agent's selection? Could he not demur regarding the price? One of these points at least was dealt with by the later Code. Law A deals with the man who has concluded a purchase for another, without having a power of attorney from him in a sealed deed. If he has had the deed made out in his own name, he is the possessor. Of course, he can sell again to his principal, but he could not do so at a profit. Nor is the principal under any obligation to accept the purchase at the price the agent gave for it. Actual examples are far from rare: A buys a field, crop, date-palms and all, for C and D. This purchase was made on condition that all copies of the transaction be destroyed. The condition was not observed, as we still possess one of them. Later A received from C, one of his principals, about half the price he had paid. But it does not appear that D ever paid his share, and this is [pg 294] why the condition was not carried out. Presumably A and C remained owners of the field.[770]
Representative action
There is no limit to the varieties of agency or representative action. At all periods we meet with a brother, usually the eldest, acting for his other brothers. A brother acting with the hand of his brother also occurs in the time of Evil Merodach.[771]
Power of attorney over funds
The power of attorney was also given to receive money and give a receipt, under seal.[772] Again: A bought some slaves of B and paid in full. B gave receipt for the money, but did not undertake to deliver the slaves at A's house. A can send a messenger or agent to take the slaves, and B agrees to deliver them to such. Whatever is born or dies from among the slaves is credited to A.[773]
XXIX. Accounts And Business Documents
Account-books
There are lists which are not formal contracts, but may have been used as legal evidence. The stewards of the great temples, of the palaces, and even of wealthy men in business, kept most careful accounts. These lists have some features peculiar to themselves and are not without considerable interest.