Where one person owns land on one side of a river, and another on the
other side, they shall not be permitted to entirely obstruct the same,
through each claiming that he has right to obstruct his half; but they
shall not be prohibited from placing their fences as far as the middle
of said stream, provided one fence be placed some distance above the
other. If, however, there should be only one part of said stream where
fences can be built, this shall be done in such a manner that nets may
be cast there, and vessels may freely pass. If the governor of a city,
or any other person, whosoever, should destroy the fence of anyone,
contrary to this decree, he shall pay ten _solidi_ to the owner
of said fence. If the culprit should be a person of inferior rank, he
shall be compelled to pay five _solidi_ to the owner of the fence,
and shall receive fifty lashes by order of the judge of the district,
and if he should be a slave, he shall receive a hundred lashes.
=XXX. Concerning Those who Damage Mills and Ponds.=
If anyone should injure a mill by violence, he shall be compelled
to repair the damage within twenty days; and, in addition, shall
pay twenty _solidi_. If he should not make such repairs within
the time aforesaid, he shall be compelled to pay twenty additional
_solidi_, and shall receive a hundred lashes. The same law shall
apply to injuries to mill ponds, and to all other artificial bodies of
water. Where a slave commits this offence, he shall repair the damage,
and receive a hundred lashes.
=FLAVIUS RECESVINTUS, KING.=
=XXXI. Concerning Those who Steal Water from Streams Belonging to Others.=
There are many districts where little or no rain falls, and where
water is supplied by streams; and it has been found that wherever
such streams fail, no crops can be raised. Henceforth, wherever there
are any important streams, and anyone secretly, or maliciously takes
water from the channels of others, he shall pay a _solidus_ for
every four hours that said water runs. Where said streams are of
smaller size, he shall pay one _tremisa_ for every four hours, as
aforesaid. And for as many hours as the water is proved to have flowed
upon the lands of others, for an equal number of hours the supply of
water shall be restored to the owner. If a slave should commit such an
act of his own accord, where water is taken from large streams he shall
receive a hundred lashes, and where it is taken from small streams,
fifty lashes.
TITLE V. CONCERNING THE PASTURAGE OF HOGS,
AND CONCERNING STRAYS.
=I.= _Where Hogs are Pastured on Acorns, Either without
Authority, or under Contract._
=II.= _Where Hogs are Fed on Acorns on Land Belonging to
Several Persons._
=III.= _Where Hogs Turned on Land to be Fed on Acorns, under
Contract, are Taken away by Stealth, Before the Tenth
Part of Said Hogs are Delivered._
Public-domain text, read in full here on John Shaqi.
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