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Select Papyri, 1.65


LOAN WITH PARTIAL ANTICHRESIS

Original text: BGU 1273 L.1-40
Date: 221-220 B.C.

In the 1st year of the reign of Ptolemy son of Ptolemy and Berenice, gods Euergetae, the priest of Alexander and the gods Adelphi and the gods Euergetae being Nicanor son of Bacchias, the canephorus of Arsinoe Philadelphus being Aristomache daughter of Ptolemaeus, the 18th of the month Gorpiaeus, at the village of Takona in the Oxyrhynchite nome. Demetria daughter of Apollodotus, Cyrenaean, with her guardian Apollophanes son of Apollodotus, Cyrenaean of the Epigone, has lent to Apollonius son of Patron, Cyrenaean of the Epigone, 400 drachmae in copper money produced to view, bearing interest at the rate of 2 drachmae the mina each month, but in place of the interest on this loan Apollonius has leased to Demetria his tower inherited from his father in the village of Takona in the Oxyrhynchite nome, doors and all, for 1 year from the month Hyperberetaeus of the 1st year, on the understanding that Demetria and her assigns shall inhabit this tower for the term of the contract, using it in whatever manner they wish and having a right of way through the existing passage from the tower to the street, the boundaries of the tower being, on the south the house of Sosibius, on the east the portion of Apollonius's brothers, on the north a public street, and on the west a public street. This loan Apollonius shall repay to Demetria in the month Gorpiaeus of the 2nd year with the interest. If he fails to repay it as stated, Apollonius shall continue to pay to Demetria interest on 200 drachmae for the subsequent time at the rate of 2 drachmae the mina each month, but in place of the interest on the remaining 100 drachmae Demetria and her assigns shall inhabit the said tower, occupying and using it in whatever manner they wish and having a right of way as stated, until Apollonius repays to Demetria the 400 drachmae forming this loan and the interest on the 300 drachmae for the overtime in excess of the year, and Apollonius shall guarantee to Demetria and her assigns the use of the said tower and passage and doors during the aforesaid year and for the ensuing time until Apollonius repays to her this loan of 400 drachmae and the interest on the 300 drachmae as stated above. If he fails to guarantee as stated, Apollonius shall forfeit to Demetria this loan of 400 drachmae increased by one half and the interest on the 800 drachmae pure and simple, and Demetria shall have the right of execution in accordance with the ordinance and the lease shall be no less valid for the term of the contract, and it shall be lawful for Demetria and her assigns to counter-eject anyone who tries to eject them from the said tower and passage without being liable to any penalty or lega l action. This contract shall be valid wherever it is produced. Witnesses: Timolaus, Thessalian, decurion, Parmenion, Persian, private, both of the troop of Philon; Perdiccas son of Polyarchus, Persian, Philonades son of Lysanias, Cyrenaean, Demetrius son of Themison, Cyrenaean, Numenius son of Callixenus, Chalcidian, all four of the Epigone.

papyrus 66


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