When the property of those who have been condemned is not sufficient
to pay the fine prescribed by law, they, with such possessions as
they have, shall be delivered up, as slaves, to those whom they have
defrauded. He who sustained the injury or loss, shall receive, by order
of the king or the judge, three quarters of the fourth part of the
property hereinbefore mentioned; and the fourth part of the same shall
be reserved for the king, to be disposed of at his royal pleasure.
Persons of inferior rank, or of infamous character, who have been
convicted of these offences, must sign a confession as hereinbefore
provided; and shall forever be the slaves of those who suffered by
their fraudulent acts. In addition to the above penalties, culprits of
inferior, as well as of superior rank, shall receive a hundred lashes
with the scourge. If a slave commits such an offence, and it should
appear that he was influenced by other persons, all parties implicated
in the crime, and who are proved to have either stolen, concealed, or
mutilated, the document in question, shall become slaves forever to
those who were injured by their unlawful acts. But if it should appear
that said acts were committed under the orders of a master, he shall be
responsible for all damages sustained. We also decree that this same
rule shall apply to all who, for the sake of gain, either suppress or
mutilate any documents belonging to others, with the view to inflicting
upon them either loss or injury. Such persons also shall be considered
forgers, and shall suffer the penalty hereinbefore provided, according
to their rank.
Where nothing which is set forth in this chapter appears to have been
done; that is to say, if no one is convicted of having mutilated, torn,
forged, or concealed, a document belonging to another, or of having
committed any other offence described by this law, but that the person
accused has merely lost said document through negligence, accident, or
want of care; or where he declares that it has been stolen from him; if
a witness who subscribed said document be still living, his testimony,
taken in court, will be amply sufficient to establish its validity.
Where it appears that the witness who subscribed said document is dead,
and other lawful and intelligent witnesses can be found, who will
testify that they saw said document, and are thoroughly acquainted with
its contents; then he who lost the document in question, may prove by
the testimony of said witnesses, by a public investigation in court,
the former existence and the contents of said document, and thereby
establish its validity.
=ANCIENT LAW.=
=III. Concerning those who Forge, or Serve, False Orders in the Name of
the King, or a Judge.=
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