ANCIENT LAW.
III. Concerning Things which have been Loaned, and afterwards Destroyed by Fire, or Lost by Theft.
If any gold, silver, ornaments, or money, which have been entrusted to anyone either for safe keeping, or to be sold, should be lost, or consumed by fire, along with his own property, in the house of him who had charge of them, and the latter should produce witnesses, and give a written statement specifying the property which has been lost, and should swear that nothing has been saved, he shall incur no liability, except for the gold and silver, which cannot be burned. And if any person, while the house was burning, under pretext of affording assistance, should appropriate any property, the owner shall make diligent inquiry, and, if detected, the culprit shall pay four times the value of the article stolen; and if any of the property which has been loaned should be found, it shall be restored at once to the owner. Where it is proved that the article in question had been stolen, a reasonable time shall be granted for the pursuit and arrest of the thief; and if he should be caught, he shall be forced to restore to the original owner the property of the latter, and whatever else may be obtained from the thief shall belong to him to whom the stolen property was entrusted. But if the thief should not be arrested within the appointed time, a sum equal to half the value of the property loaned or hired, shall be paid to the owner by him who had charge of the same, so that the loss may be equally borne by both. If, subsequently, the owner of the property should find it in the possession of him to whom it was entrusted, and who had declared that it had been lost or stolen, when, in fact, it had been fraudulently concealed by him, he shall undergo the penalty for theft as prescribed by law.
ANCIENT LAW.
IV. Concerning Lost Money, and the Interest on the Same.
If anyone should receive a sum of money and bind himself in writing to pay interest on the same, and the money should be lost through no guilt or negligence of the debtor, the creditor shall be entitled to the principal alone, and cannot collect interest. But if the money was lost through his own fraud or crime, the borrower shall pay both principal and interest; and where the latter has gained any profit from the use of said money, and it should afterwards be lost, if the profit should be as great as the principal the borrower shall be liable for both principal and interest.
ANCIENT LAW.
V. Concerning Property Committed to the Charge of Another, and Lost by Accident at Sea.
Where anyone entrusted with the property of another loses it, either by fire, shipwreck, or some other accident, but at the same time saves all his own property from destruction, he shall be compelled to render full satisfaction for what was in his charge, and shall not be suffered to set up any defence. But if he is known to have saved any portion of his own property, he must return to him whose goods he had charge of, a sum in proportion to the property lost or saved, which a court shall decide to be equitable. If he should lose all his own possessions, and save the property which was entrusted to his care, the same rule shall apply; and he shall receive such a part of what he has saved as a judge, after due consideration, shall decide him to be entitled to. For in such cases it is not just that he alone who has exposed himself to great danger should sustain loss, and, while he was attempting to save articles of inferior value belonging to another, should lose all his own possessions.
ANCIENT LAW.