If anyone should find a horse, or any cattle belonging to another in
his vineyard, field of grain, meadow, or garden, he must not drive them
out in anger, lest they be injured thereby; but, having driven them
home, he must shut them up, and notify the owner; that the amount
of damage caused by said cattle may be appraised by themselves, or
by their neighbors. Both parties must visit the field in question;
and, after they have examined it, that part of the pasture, vineyard,
meadow, or crop, which was injured shall be measured, and they must
then wait until the fruit is gathered, or the crop harvested, in order
that the damage may be estimated by its comparison with that portion
of the field which was uninjured; and the fruit shall be gathered,
or the grain harvested, in the presence of witnesses, both from that
portion which was damaged, and that which was intact; and whatever
deficiency shall appear in the portion invaded by the cattle, must be
made up by the owner of said cattle. The cattle, after the field shall
have been measured, as aforesaid, shall be returned to their owner, as
is provided by law. If any of them should be injured, on account of
the unbridled anger of him who drives them out, the latter shall only
pay their full value to their owner, and shall be entitled to retain
all that he has mutilated or killed; provided, however, that he has
previously paid for them. Where any cattle, while being driven out, are
injured by accident, and not by design; or should be killed, or should
fall upon posts, or stakes; the party driving them shall only be liable
for one half the damages sustained, as has been provided by other laws.
=ANCIENT LAW.=
=XIV. Where, while Anyone is Driving Cattle out of Cultivated Fields,
Another Person Rescues them, or Takes Possession of them afterwards,
Secretly or by Force.=
Where anyone rescues cattle by force from any person driving them
out of his own vineyard or field of grain; if he is a person of high
rank, he shall pay five _solidi_, and be responsible for double
the damage sustained, after appraisement of the same; if, however, he
should be a person of inferior station, and should not have the means
wherewith to make restitution, he shall receive fifty lashes, and shall
be compelled to pay double the amount of damages. If a slave should
be guilty of this offence, he shall receive a hundred lashes in the
presence of the judge; and no reproach or responsibility whatever shall
attach to his master. Where any person removes cattle from a house,
or out of an enclosure, or seizes them by force, he shall pay eight
_solidi_ to the party injured, and shall also be liable to double
damages. If a slave should do this he shall receive a hundred lashes,
and his master shall be in no way responsible.
=XV. Concerning Animals Found in Vineyards, Fields of Grain, or
Meadows.=
Public-domain text, read in full here on John Shaqi.
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