=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.=
Where anyone puts his hogs under contract, in the woodland of another,
and secretly removes them, before the customary tenth has been paid, he
shall be considered a thief, and shall not only pay the tenth which is
due from him, but shall also be liable for the compensation provided
by law for the crime of theft. If the offender should be a slave, and
should have acted without the knowledge of his master, he shall receive
a hundred lashes; and his master shall be liable for no damages, but
must deliver the tenth which is due. If, however, the slave should
have done this under the orders of his master, the latter must give
pecuniary satisfaction, as in the case of theft.
=ANCIENT LAW.=
=IV. Where Hogs are Found Wandering in Woodland.=
Where anyone finds hogs straying in his woods, he must either notify
his neighbors, or shut up said hogs. If the owner of the hogs should
not make his appearance, he who took them up shall be entitled to keep
one, and shall notify the nearest judge that he has stray hogs in his
possession. Then, if the owner of the same should not be found, he may
keep them as his own, and exact the tenth part of their number, in
compensation for pasturage, as is customary; and when the master does
come, he shall be entitled to a reasonable compensation for keeping
said hogs, which compensation shall be fixed by the judge, and shall
depend upon the time they were under the care of the person who took
them up.
=V. Where a Drove of Animals, of any Kind, Enter upon the Pasture-land
of Another Person.=
Where a flock of sheep, or a drove of cattle enter upon the
pasture-lands of another, the same rule shall be observed as has been
determined in the case of hogs. But travellers or strangers shall incur
no responsibility, for the reason that it is well determined that they
have the right to use pastures which are not enclosed. He who encloses
his own part of a pasture, and uses that of another, in the absence of
the master thereof, must not do so without the consent of the owner of
the same.
=THE GLORIOUS FLAVIUS RECESVINTUS, KING.=
=VI. Public Notice shall be given of Strays by him who Finds them.=
It shall be lawful to take up horses, or any other animals, that have
strayed; but he who does so, must immediately give notice of the fact
to the bishop, the governor, the judge, the other authorities of the
district, or to a public assembly of the neighbors. If said party
should not give such notice, he shall incur the penalty of theft. A
similar rule shall apply to other property taken up under the same
circumstances.
=ANCIENT LAW.=
=VII. Whoever Finds any Strays shall take Proper Care of the Same.=
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