If anyone should cut down a tree, and any injury should result; or if
the tree, in falling, should kill anyone; he who cut it down shall be
responsible for the same. If, however, a number of men should be in
the neighborhood of said tree, and the party should previously notify
them that the tree was about to fall; and if, after he gave such
notice, anyone should be injured or killed by the falling branches, he,
who cut down the tree shall incur no liability whatever. But if the
fall of the tree should cripple or injure any person who is old, or
weak, or asleep, or unable to take care of himself; or any cattle of
any description; the guilty party shall give to the master for every
quadruped, one of equal value; and where a man is killed, he shall
be deemed guilty of homicide. In case any person should be mutilated
or crippled, he who caused the damage, shall be compelled to render
satisfaction as prescribed by law; and if anyone should forcibly
cut down a tree belonging to another, he shall at once render full
compensation therefor. If the owner of a tree should have refused to
permit it to be cut down, and any person should be killed while he was
cutting it, no responsibility shall attach to anyone on account of his
death.
=ANCIENT LAW.=
=IV. Where a Tree is Partially Cut Down, or is Injured by Fire.=
Where a tree has been partly cut down, or has been burned anywhere by
fire, and, in the absence of him who, without malicious intent, cut it,
or began to burn it, the tree should fall, said party shall in no way
be responsible for any damage caused by said tree in its fall.
=ANCIENT LAW.=
=V. Concerning the Cutting Down, Tearing Up, or Burning of Vines; and
the Seizure of Growing Crops.=
Whoever burns, cuts down, or tears up by the roots a vineyard belonging
to another, or lays waste the same, shall be compelled to give two
vineyards of equal value to the master thereof, and the owner of
the vineyard which was destroyed shall still retain possession of
it. If anyone forcibly seizes the fruit of a vineyard, he shall
restore twofold the value of said fruit, and shall also make twofold
restitution of whatever he has destroyed; and the value of the same
shall be ascertained by the oath of those who were collected there at
the time of the vintage. A slave who commits such an offence without
the order of his master, shall receive ten lashes for every vine torn
up or destroyed, and shall make restitution of all the fruit he has
taken; or, if his master should wish to render satisfaction for his
act, he shall pay a _solidus_ for every six vines destroyed.
But if great injury should have been done, and his master should be
unwilling to render satisfaction for it, he shall surrender said slave
without delay.
=ANCIENT LAW.=
=VI. Where Fences are Cut Down, or Burned.=
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