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Select Papyri, 1.57


INDEMNIFICATION OF A SURETY

Greek text:   POxy 270
Date:   A.D. 94.

The 13th year of the Emperor Caesar Domitianus Augustus Germanicus, Mecheir [.], at Oxyrhynchus in the Thebaid. Lucia also called Thaisas daughter of Lucius and of Sinthonis daughter of Theon, Persian, with her guardian her second cousin Heras son of Heracleides son of Heracleides, his mother being Plutarcha daughter of Sarapion, acknowledges to Sarapion also called Clarus son of Sarapion son of Heracleides, his mother being Clara daughter of Narcissus, all parties being of Oxyrhynchus, by deed executed in the street, that she shall safeguard Sarapion also called Clarus and his assigns in every way against molestation and exaction on account of the security which the said Sarapion also called Clarus has given to Heracleides son of Apollonius son of Chaeremon, his mother being Herais daughter of Didymus, of the said city, according to an agreement made through the same record-office in the present month Mecheir, for the sum which the acknowledging party has borrowed from him according to a contract of loan made through the same record-office in the same month Mecheir, namely 3500 drachmas capital, bearing interest at 1 drachma a month on each mina beginning from the said month, on mortgage of the following specified property of hers: in the area of Seruphis from the holding of Demetrius the Milesian 31/2 arourai of katoikic and purchased land, and from the same holding out of 12 arourai of katoikic and purchased land the 5 arourai remaining after the 7 which she mortgaged to Taaphunehis daughter of Thonion, and from the holding of Callias a third share of 8 arourai of katoikic and purchased land, making 22/3 arourai, and in the area of Syron Kome from the holding of Heracleides together with that of Alexander 63/4 arourai of katoikic land, and from the holding of Alexander and others 61/2 arourai of katoikic and purchased land, making a total of 245/12 arourai of katoikic land and land purchased for conversion into katoikic, the date for repayment being 30th Tubi of the 15th year of the Emperor Caesar Domitianus Augustus Germanicus. If on the advent of the appointed date the acknowledging party does not repay to Heracleides the capital and interest and Sarapion also called Clarus is called upon to pay for her, he, Sarapion also called Clarus, shall become owner of the aforesaid 245/12 arourai for all time as if he had purchased them and shall appropriate the produce of them and sell them to others and use them as he chooses, no claim being left to the acknowledging party or her assigns against Sarapion also called Clarus or against his assigns or upon the afor esaid arourai or part of them or upon the produce of them in any way, and she shall be bound to deliver them to him and his assigns guaranteed for ever against every risk by every kind of guarantee and free from all public dues and charges up to, and inclusive of, the appointed date. If the acknowledging party violates any of these provisions, her action shall be invalid and she shall further forfeit to Sarapion or his assigns on any instance of violation both the damages and a penalty of 1000 silver drachmas and to the Treasury the like sum, and the terms of the agreement shall be none the less valid, Sarapion also called Clarus having the right of execution upon the acknowledging party and upon the aforesaid arourai and all her other property. This agreement is valid.

papyrus 58


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