If anyone should cut down a fence anywhere, or should burn the fence of
another; if he is a person of rank, he shall both repair said fence,
and make reparation in damages. Where, however, any loss of crops has
resulted to the owner from the destruction of said fence, said person
shall not only pay the damages, as estimated by appraisers, but shall
pay ten _solidi_ in addition. Where said enclosure was an orchard
with or without fruit, or a meadow, he shall be compelled to pay five
_solidi_. Where the enclosure was a field where there were no
fruit trees, the offender shall only be required to repair the fence.
If a person of inferior rank should commit such an act, he shall pay
the appraised value of the fruit or grain destroyed; shall repair the
fence; and shall receive fifty lashes in public. Where the guilty party
is a slave and acts without the knowledge of his master, he shall pay
all damages incurred, repair the fence, and receive a hundred lashes.
If the destruction of the fence was caused by accident, he shall only
repair the same; for the reason that an act involuntarily committed is
no crime.
=ANCIENT LAW.=
=VII. Where Fence Posts are Cut.=
Whoever cuts down the posts of a fence, or the tree trunks of a hedge
belonging to another, or burns the same (even though the land enclosed
by said fence or hedge contains no fruit or crops of any kind) shall be
compelled to pay fourfold the value of the property destroyed. Where,
however, there are fruits or crops of any kind within said enclosures,
the guilty party shall be forced to pay one _tremisa_ for every
post or tree trunk cut down, or burned; and if any damage should result
to said fruit or crops, he shall be liable for the same. We hereby
decree that this rule shall also apply to the case of gardens.
=ANCIENT LAW.=
=VIII. Where Anyone is Caught with a Vehicle, in a Wood Belonging to
Another.=
If any person should find another in his forest with a vehicle for the
purpose of carrying away material for barrel-hoops, or any other kind
of wood, without permission, the trespasser shall lose both oxen and
vehicle, and the owner shall also be entitled to whatever the thief or
trespasser has with him.
=ANCIENT LAW.=
=IX. Concerning the Unreasonable Enclosure of Orchards, Vineyards, and
Pastures.=
If the owner of a vineyard, meadow, or pasture-field, should surround
it with ditches, for the purpose of causing annoyance, and in such a
manner that it cannot be crossed, unless through a vineyard or growing
crop; anyone who passes through the latter shall not be responsible for
any damages resulting therefrom. Where anyone surrounds open fields
with ditches, travellers may disregard them, nor shall anyone presume
to drive them out of said fields.
=ANCIENT LAW.=
=X. Where Animals are Voluntarily Loosed in Fields where there are
Crops, or in Vineyards.=
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