Anyone who finds, and takes up beasts of burden, or cattle of any kind,
in his vineyard, field of grain, meadow, or garden, shall, on that day
or the following, give notice thereof to the owner of said cattle. If
the owner should refuse to come, or send for them, the amount of damage
shall be appraised by the neighbors, and full satisfaction of the same
shall be required by the judge from said owner. If he who took up the
cattle should prove or swear that the damage was committed by said
animals, and the owner of the cattle should not come to receive them,
or should not be present at the appraisement of the damage; he who took
them up shall only give them water and keep them shut up for three
days; and the owner, who neglected to be present at the appraisement,
shall have no claim against the party retaining said cattle for the
space of three days. When the three days are elapsed, he may let the
animals go, and turn them loose, if their owner should still refuse
to come for them; and, on account of the evident contempt of the
latter, he shall be compelled to pay double the amount of the damages
appraised. But if the owner of said cattle should come to him whose
property was injured, and ask him to have the amount of the damages
appraised, and to deliver up the cattle to him, and the former desiring
to kill said cattle, should not acquiesce; if it should be proved that
he has done this, he shall pay for every head of large cattle one
_solidus_, and for every head of small ones, one _tremisa_.
This law shall also apply to those who, before three days have elapsed,
did not give notice that the cattle were shut up. If a slave should
commit this offence, without the consent of his master, he shall
receive a hundred lashes, and his master shall incur no responsibility
whatever on account of his act.
=ANCIENT LAW.=
=XVI. Where Animals Depart from Fields of Growing Grain Before they are
Driven Out.=
If any beasts of burden, or cattle, should depart from orchards or
fields of grain, before they are driven from the same, it shall not be
lawful to take them up, because it is not known whether they caused the
damage or not. But if the owner, or any neighbor, should drive them
out, said owner shall be liable for any injury they may have caused.
=ANCIENT LAW.=
=XVII. Where Anyone Mutilates an Animal found in a Field of Grain.=
If anyone should cut off the lips, tail, ears, or any other member
of any cattle, or other animals, which he has found in his orchard,
vineyard, or field of growing grain, or should kill them, or should
inflict upon them any other injury, they shall become the property of
the party who thus kills or mutilates them, and he shall at once give
to the owner others of equal value.
TITLE IV. CONCERNING INJURIES TO ANIMALS, AND OTHER PROPERTY.
Public-domain text, read in full here on John Shaqi.
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