=XXVI. Where the Animals of Persons, Traversing Fields that are not Enclosed, are Driven Away.= Whoever drives to his house, and shuts up, any horses, cattle, or other animals that are crossing open and vacant fields, which anyone had a right to enclose by ditches, shall be compelled to pay one _tremisa_ for every two head of cattle so taken up by him. If, however, he should merely drive them out, so that they cannot be pastured, the damaged party shall be entitled to receive one _tremisa_ for every four head of cattle excluded from said fields. If the act aforesaid should be committed by a slave, without the knowledge of his master, he shall receive a hundred lashes by order of the governor of the city, or of the judge; and his master shall incur no legal liability by reason of his act. =ANCIENT LAW.= =XXVII. Animals Driven along the Highway Cannot be Excluded from Open Pastures.= All persons travelling through pasture lands which are not enclosed, have the right to deposit their baggage, and to pasture their beasts of burden, and their oxen therein. Such persons, however, shall not remain longer in one locality than the space of two days, unless they obtain the consent of the owner of the land to do so; nor shall they cut down valuable trees or oaks, to the roots, without permission of the owner of the same. They shall not be forbidden, however, to cut off such branches as may be necessary to feed their animals. =ANCIENT LAW.= =XXVIII. He who has Land under Cultivation along the Bank of a River, has a Right to Enclose the Same.= Whoever cultivates land in a place traversed by a stream, where there is a ford through which cattle can pass, must enclose his crops with a fence. Should he fail to do this, and any damage should result through his neglect, he shall not be entitled to damages from any person, because it is not just that his own negligence should be the occasion of loss to another. =ANCIENT LAW.= =XXIX. Concerning the Right to Enclose Streams.= No one shall, for his own private benefit, and against the interests of the community, obstruct any stream of importance; that is to say, one in which salmon and other sea-fish enter, or into which nets may be cast, or vessels may come for the purpose of commerce. He shall, however, not be forbidden to build a fence as far as the middle of the channel, where the water is deepest, provided he leaves half of the body of the stream free for the use of others. Should anyone violate this law, the obstruction may be removed either by the governor of the city, or by a judge, without any further proceeding. If the party concerned is a person of high rank, he shall pay ten _solidi_ to those whose rights were invaded, and if he is a person of inferior station, he shall pay them five _solidi_, and receive fifty lashes.