TITLE III. CONCERNING INJURIES TO TREES, GARDENS, OR GROWING CROPS OF ANY DESCRIPTION.

I.Concerning the Compensation for Cutting Down Trees.
II.Where Anyone Destroys the Garden of Another.
III.Where Injury, or Homicide, Results from the Cutting Down of a Tree.
IV.Where a Tree is Partially Cut Down, or is Injured by Fire.
V.Concerning the Cutting Down, Tearing Up, or Burning of Vines; and the Seizure of Growing Crops.
VI.Where Fences are Cut Down, or Burned.
VII.Where Fence Posts are Cut.
VIII.Where Anyone is Caught with a Vehicle, in a Wood Belonging to Another.
IX.Concerning the Unreasonable Enclosure of Orchards, Vineyards, and Pastures.
X.Where Animals are Voluntarily Loosed in Fields where there are Crops, or in Vineyards.
XI.Where Animals Damage Growing Crops.
XII.Where an Enclosed Field is Ruined by Flocks.
XIII.Where Fruits of any Kind are Destroyed by Animals.
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.
XV.Concerning Animals Found in Vineyards, Fields of Grain, or Meadows.
XVI.Where Animals Depart from Fields of Growing Grain Before they are Driven Out.
XVII.Where Anyone Mutilates an Animal found in a Field of Grain.

ANCIENT LAW.

I. Concerning the Compensation for Cutting Down Trees.

Where anyone, without the knowledge of the owner, cuts down a tree belonging to another; if it is a fruit tree, he shall pay three solidi; if it is an olive, five solidi; if it is an oak of large size, two solidi; if it is an oak of small size, one solidus; and for a tree of any other species of considerable size, he shall pay two solidi. For such trees, although they do not bear fruit, are useful for many purposes. And this compensation shall be made if the trees should be only cut down; for if they should be cut down and carried away, either similar trees must be given in their stead, or double the above named sums must be paid.

ANCIENT LAW.

II. Where Anyone Destroys the Garden of Another.

Where anyone destroys the garden of another, he shall, at once, be compelled by the judge to pay to the owner a sum equal to the amount of damage which he has caused. If a slave should be guilty of this offence, he shall, in addition to the payment of said damages, receive a hundred lashes.

ANCIENT LAW.

III. Where Injury, or Homicide, Results from the Cutting Down of a Tree.

If anyone should cut down a tree, and any injury should result; or if the tree, in falling, should kill anyone; he who cut it down shall be responsible for the same. If, however, a number of men should be in the neighborhood of said tree, and the party should previously notify them that the tree was about to fall; and if, after he gave such notice, anyone should be injured or killed by the falling branches, he, who cut down the tree shall incur no liability whatever. But if the fall of the tree should cripple or injure any person who is old, or weak, or asleep, or unable to take care of himself; or any cattle of any description; the guilty party shall give to the master for every quadruped, one of equal value; and where a man is killed, he shall be deemed guilty of homicide. In case any person should be mutilated or crippled, he who caused the damage, shall be compelled to render satisfaction as prescribed by law; and if anyone should forcibly cut down a tree belonging to another, he shall at once render full compensation therefor. If the owner of a tree should have refused to permit it to be cut down, and any person should be killed while he was cutting it, no responsibility shall attach to anyone on account of his death.

ANCIENT LAW.

IV. Where a Tree is Partially Cut Down, or is Injured by Fire.

Where a tree has been partly cut down, or has been burned anywhere by fire, and, in the absence of him who, without malicious intent, cut it, or began to burn it, the tree should fall, said party shall in no way be responsible for any damage caused by said tree in its fall.

ANCIENT LAW.

V. Concerning the Cutting Down, Tearing Up, or Burning of Vines; and the Seizure of Growing Crops.

Whoever burns, cuts down, or tears up by the roots a vineyard belonging to another, or lays waste the same, shall be compelled to give two vineyards of equal value to the master thereof, and the owner of the vineyard which was destroyed shall still retain possession of it. If anyone forcibly seizes the fruit of a vineyard, he shall restore twofold the value of said fruit, and shall also make twofold restitution of whatever he has destroyed; and the value of the same shall be ascertained by the oath of those who were collected there at the time of the vintage. A slave who commits such an offence without the order of his master, shall receive ten lashes for every vine torn up or destroyed, and shall make restitution of all the fruit he has taken; or, if his master should wish to render satisfaction for his act, he shall pay a solidus for every six vines destroyed. But if great injury should have been done, and his master should be unwilling to render satisfaction for it, he shall surrender said slave without delay.

ANCIENT LAW.

VI. Where Fences are Cut Down, or Burned.

If anyone should cut down a fence anywhere, or should burn the fence of another; if he is a person of rank, he shall both repair said fence, and make reparation in damages. Where, however, any loss of crops has resulted to the owner from the destruction of said fence, said person shall not only pay the damages, as estimated by appraisers, but shall pay ten solidi in addition. Where said enclosure was an orchard with or without fruit, or a meadow, he shall be compelled to pay five solidi. Where the enclosure was a field where there were no fruit trees, the offender shall only be required to repair the fence. If a person of inferior rank should commit such an act, he shall pay the appraised value of the fruit or grain destroyed; shall repair the fence; and shall receive fifty lashes in public. Where the guilty party is a slave and acts without the knowledge of his master, he shall pay all damages incurred, repair the fence, and receive a hundred lashes. If the destruction of the fence was caused by accident, he shall only repair the same; for the reason that an act involuntarily committed is no crime.

ANCIENT LAW.

VII. Where Fence Posts are Cut.

Whoever cuts down the posts of a fence, or the tree trunks of a hedge belonging to another, or burns the same (even though the land enclosed by said fence or hedge contains no fruit or crops of any kind) shall be compelled to pay fourfold the value of the property destroyed. Where, however, there are fruits or crops of any kind within said enclosures, the guilty party shall be forced to pay one tremisa for every post or tree trunk cut down, or burned; and if any damage should result to said fruit or crops, he shall be liable for the same. We hereby decree that this rule shall also apply to the case of gardens.

ANCIENT LAW.

VIII. Where Anyone is Caught with a Vehicle, in a Wood Belonging to Another.

If any person should find another in his forest with a vehicle for the purpose of carrying away material for barrel-hoops, or any other kind of wood, without permission, the trespasser shall lose both oxen and vehicle, and the owner shall also be entitled to whatever the thief or trespasser has with him.

ANCIENT LAW.

IX. Concerning the Unreasonable Enclosure of Orchards, Vineyards, and Pastures.

If the owner of a vineyard, meadow, or pasture-field, should surround it with ditches, for the purpose of causing annoyance, and in such a manner that it cannot be crossed, unless through a vineyard or growing crop; anyone who passes through the latter shall not be responsible for any damages resulting therefrom. Where anyone surrounds open fields with ditches, travellers may disregard them, nor shall anyone presume to drive them out of said fields.

ANCIENT LAW.

X. Where Animals are Voluntarily Loosed in Fields where there are Crops, or in Vineyards.

Anyone who shall, intentionally, drive beasts of burden, oxen, or any kind of cattle into a vineyard, or field of growing grain, belonging to another, shall be compelled to pay all damages, after they have been appraised. If he is a person of high rank he shall pay a solidus for every horse, or ox, and for every head of other cattle, a tremisa, to him who has sustained the injury. If he is a person of inferior rank, he shall pay for the property destroyed and one half its value, in addition; and shall receive forty lashes in public. If a slave should commit such an act, without the authority of his master, either he, or his master, must pay all damages incurred, and the slave shall receive sixty lashes.

ANCIENT LAW.

XI. Where Animals Damage Growing Crops.

Where animals belonging to any person injure the vineyard or growing grain of another, the owner of said animals shall give to the person whose property was damaged, as much of another vineyard or field, with its fruit or crop, as is equal in value to that destroyed by said animals. If the owner of said animals should not have a field or vineyard with which to make restitution, he shall give as much fruit or grain as shall be estimated to be equal in value to the land in question.

ANCIENT LAW.

XII. Where an Enclosed Field is Ruined by Flocks.

If anyone turns cattle into an enclosed meadow, at such a time that the grass will not grow afterwards, so that it can be cut, and he who committed this act should be a slave, he shall receive forty lashes with the scourge, and shall give to the owner of said meadow, hay equal in amount to that which was destroyed. If he is a person of inferior rank, he shall pay one tremisa for every two head of cattle, and make restitution for the hay; if he is a person of superior rank, he shall pay one solidus for every two head of cattle, and shall make restitution for the hay, according to its value, as aforesaid.

ANCIENT LAW.

XIII. Where Fruits of any Kind are Destroyed by Animals.

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.

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.