XIV. Where Cattle Belonging to Another, with or without the Knowledge of the Owner, are Mingled with the Herd or Flock of the Latter.
If any cattle belonging to one person should be mingled with those of another, and the owner of the latter should be aware of the fact; and said cattle should leave, of their own accord, without his knowledge; the owner of the strayed cattle shall take the oath of the other party, that they were not removed through any guilty design, or fraud on his part; and that he has not appropriated them for his own use, or transferred them to anyone; and, under such circumstances, he shall incur no liability. If, however, he should drive said cattle to his house, and should not inform the judge, or give public notice of the fact, within eight days, he shall pay double the value of said cattle, by way of satisfaction.
XV. Where Anything Intended to Frighten an Animal is Fastened to it, and it should be either Injured, or Killed, in Consequence.
Any person who should be known to have attached to a horse’s tail, the head or bones of a dead animal, or anything else by which it might be frightened, and, in consequence, the horse, while running, should be injured, or killed; said person shall be compelled to immediately give to the owner a sound animal, on account of his transgression of the law. Where, however, the horse sustains no injury, the offender shall receive fifty lashes, and, if he be a slave, he shall receive a hundred lashes with the scourge.
ANCIENT LAW.
XVI. Where a Vicious Animal, while on the Premises of its Owner, Kills Anyone.
Where any person has in his possession an ox, a bull, or any other animal which is known to be vicious, said animal must at once be killed, lest it injure someone. If, after the owner has been informed by the neighbors of the vicious disposition of said animal, he should still retain possession of it, and defer killing it through fear, or for some other reason; and said animal should subsequently kill, cripple, or wound anyone, said owner shall give the satisfaction required by law in case of homicide; that is to say, the regular compensation provided in the cases of men and women, children and slaves, of both sexes. Thus, if said animal should kill a person of eminent rank, five hundred solidi shall be paid. In the case of freedmen, half of the above sum, that is to say, two hundred and fifty solidi, shall be given by way of satisfaction. If said animal should kill a slave belonging to another, the master of said slave shall receive, by way of reparation, from the owner of said animal, two slaves of equal value to the one that was killed. For a freeman of inferior rank twenty years of age, who has been killed, three hundred solidi shall be paid; and the same sum shall be required for the deaths of all persons up to the age of fifty; for all persons killed, who are from fifty to seventy-five years old, two hundred solidi shall be paid. A hundred solidi shall be sufficient for all who are over seventy-five years of age. For those who are aged fifteen, a hundred and fifty solidi shall be exacted, and for those of fourteen years, a hundred and forty solidi; for those of thirteen, a hundred and thirty solidi; for those of twelve, a hundred and twenty; for those of eleven, a hundred and ten; for those of ten, a hundred; for those of nine, eight, or seven years, ninety solidi shall be paid. For children of six, five, or four years, eighty solidi; for those of three or two years, seventy solidi; and for those of one year, sixty solidi shall be required. If said animal should kill the daughter or wife of any person, who is between the age of fifteen and forty years, two hundred and fifty solidi shall be paid; for those between the ages of forty and sixty, two hundred solidi; and for all beyond that age, a hundred solidi shall be paid. For any female of fifteen years or under, the owner of said animal shall be required to pay half the amount of compensation, according to the age of the victim, as has been provided in the case of boys.
ANCIENT LAW.
XVII. Where Anyone Rids himself of a Vicious Animal, or Still Retains it in his Possession.
Whoever has in his possession a vicious ox, or any other dangerous animal, must either kill or dispose of it, and notify his neighbors that he has done so. If he should not kill or dispose of it as aforesaid, but should keep it, he shall be liable for any damage caused by said animal while under his control.