If anyone should rescue a thief or any other criminal who is in
custody, or permit him to escape; if he is a person of rank, he
shall receive a hundred lashes in the presence of the judge for his
insolence, and shall be compelled to produce in court the party whom he
set free. If another person who has no claim against a thief, should
arrest him, he shall receive for his services a fourth part of the
sum due from the thief in satisfaction of his crime. Where the latter
cannot afterwards be found, he who liberated him shall be liable to the
punishment prescribed for theft; and shall be compelled to pay, out of
his own property, a sum equal to that which the thief would have been
compelled to pay, had he been convicted. If, however, he is a person of
inferior rank, and should produce the thief in court, he shall receive
for his insolence a hundred lashes. Where he is not able to find the
thief, he shall be liable to both the penalty and damages for theft,
to the same extent as the thief himself would have been liable after
conviction.
If anyone should release a person accused of another crime than theft,
he shall received a hundred lashes in like manner; and if he cannot
find or produce the party he liberated, he shall at once suffer the
same punishment to which the law declares the accused would have
been liable, had he been found guilty. If a slave should commit this
offence, without his master’s knowledge, he shall receive two hundred
lashes for his insolence, and shall be compelled to produce the person
whom he released. If he should not produce him, then his master, should
he wish to do so, may pay for him the sum demanded as compensation for
the crime; but if he should be unwilling to pay said sum as provided by
law, he must surrender the slave in satisfaction for damages, or to be
punished.
=ANCIENT LAW.=
=XXI. Where a Slave Steals from his Master, or from a Fellow-Slave.=
If a slave should steal anything from his master or from his
fellow-slave, what shall be done with him lies entirely in the
discretion of his master; and the judge has no right to interfere in
the matter, unless the master should wish him to do so.[39]
=ANCIENT LAW.=
=XXII. Within what Time, after his Arrest, a Thief must be Brought
Before the Judge.=
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