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.