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.=
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