Where a public highway is obstructed, no one shall be legally liable who breaks down a fence, or a wall, crossing or enclosing it. And he who encloses or obstructs a public highway, shall be conducted by order of the judge to the fence or wall traversing it, shall there receive a hundred lashes, and be compelled to remove said obstruction, and restore the highway to its former condition, even though there should be a growing crop upon the same. If, however, the act should have been committed by a person of great power and exalted rank, he shall be required to pay twenty solidi. Other persons guilty of such an offence shall each be compelled to pay ten solidi, and all sums, obtained in this manner, shall go to the benefit of the public treasury.
ANCIENT LAW.
XXV. Of the Space that is to be Preserved along Public Highways.
No one shall rashly violate our laws by enclosing a highway leading to any of our cities or provinces, but a full half arepennis shall be left on each side of the same; in order that sufficient space may be available for all travellers.[43] Any person of rank who violates this law, shall be fined fifteen solidi. Persons of inferior station shall be fined eight solidi for the benefit of the public treasury. Whoever has a field of grain, a vineyard, or a meadow, along a highway of this description, may enclose the same with a fence or hedge; and, should he be too poor to do so, he shall have the right to protect his field by a ditch.
ANCIENT LAW.
XXVI. Where the Animals of Persons, Traversing Fields that are not Enclosed, are Driven Away.
Whoever drives to his house, and shuts up, any horses, cattle, or other animals that are crossing open and vacant fields, which anyone had a right to enclose by ditches, shall be compelled to pay one tremisa for every two head of cattle so taken up by him. If, however, he should merely drive them out, so that they cannot be pastured, the damaged party shall be entitled to receive one tremisa for every four head of cattle excluded from said fields. If the act aforesaid should be committed by a slave, without the knowledge of his master, he shall receive a hundred lashes by order of the governor of the city, or of the judge; and his master shall incur no legal liability by reason of his act.
ANCIENT LAW.
XXVII. Animals Driven along the Highway Cannot be Excluded from Open Pastures.
All persons travelling through pasture lands which are not enclosed, have the right to deposit their baggage, and to pasture their beasts of burden, and their oxen therein. Such persons, however, shall not remain longer in one locality than the space of two days, unless they obtain the consent of the owner of the land to do so; nor shall they cut down valuable trees or oaks, to the roots, without permission of the owner of the same. They shall not be forbidden, however, to cut off such branches as may be necessary to feed their animals.