¢ 42. If a man has taken a field to cultivate and has not caused the corn to grow in the field and has not done the entrusted work on the field, they shall call him to account and he shall give a crop like its neighbour to the owner of the field.
§ 43. If he has not cultivated the field and has left it to itself, he shall give corn like its neigh- bour to the owner of the field. Further, the field he left he shall break up with hoes, and shall harrow it and return to the owner of the field.
§ 44, If aman has taken on hire an unreclaimed field for three years to open out, and has left it aside, has not opened the field, in the fourth year he shall break it up with hoes, he shall hoe it, and harrow it, and return to the owner of the field. Further, he shall measure out ten GUR of corn per GAN.
§ 45. If a man has given his field for produce to a cultivator, and has received the produce of his field, and afterwards a thunderstorm has ravaged the field or carried away the produce, the loss is the cultivator’s. :
§ 46. If he has not received the produce of his
CODE OF HAMMURABI 601
field, or has given the field either for one-half or for one-third of the corn that is in the field, the cultivator and the owner of the field shall share according to the tenour of their contract. [Gn 474].
§ 47. If the cultivator, because in the former year he did not set up his dwelling, has assigned the field to cultivation, the owner of the field shall not interfere; he shall wait (?); his field has been cultivated, and at harvest time he shall take corn according to his bonds.
§ 48. If a man has a debt upon him and a thunderstorm ravaged his field or carried away the produce, or if the corn has not grown through lack of water, in that year he shall not return corn to the ereditor, he shall alter (lit. moisten, so as to rewrite) his tablet. Further, he shall not give interest for that year.
§ 49. If a man has borrowed money from a mer- chant and has given to the merchant a field planted with corn or sesame, and said to him, ‘Cultivate the field, reap and take for thyself the corn and sesame which there shall be,’ if the cultivator has caused corn or sesame to grow in the field, at the time of harvest the owner of the field, forsooth, shall take the corn or sesame which is in the field, and shall give to the merchant corn for the money which he took from the mer- chant and for its interest and for the dwelling of the cultivator.
§ 50. If the field was cultivated or the field of sesame was cultivated when he gave it, the owner of the field, forsooth, shall take the corn or sesame which is in the field and shall return the money and its interest to the merchant.
§ 51]. If he has not money to return, he shall give to the merchant the sesame, according to its _ market price, for the money and its interest which he took from the merchant, according to the standard fixed by the king.
§ 52. If the cultivator has not caused corn or sesame to grow in the field, his bonds shall not be altered.
§ 53. If a man has neglected to strengthen his bank of the canal, has not strengthened his bank, a breach has opened out itself in his bank, and the waters have carried away the meadow, the man in whose bank the breach has been opened shall render back the corn which he has caused to be lost.
§ 54. If he is not able to render back the corn, one shall give him and his goods for money, and the people of the meadow whose corn the water has carried away shall share it. [Ex 22°, Ly 25°],
§ 55. If a man has opened his runnel to water and has neglected it, and the waters have carried away the field of his neighbour, he shall pay corn like his neighbour.
§ 56. If a man has opened the waters, and the waters have carried away the plants of the field of his neighbour, he shall pay ten @UR of corn per GAN.
§ 57. If a shepherd has caused the sheep to feed on the green corn, has not come to an agreement with the owner of the field, without the consent of the owner of the field has made the sheep feed off the field, the owner shall reap his fields, the shep- herd who without consent of the owner of the field has fed off the field with sheep shall give over and above twenty GUR of corn per GAN to the owner of the field. [Ex 22].
§ 58. If from the time that the sheep have gone up from the meadow, and the whole flock has passed through the gate, the shepherd has laid his sheep on.the field and has caused the sheep to feed off the field, the shepherd who has made them feed off the field shall keep it, and at harvest time he shall measure out sixty @UR of corn per GAN to the owner of the field.