ANCIENT LAW.
XXVIII. He who has Land under Cultivation along the Bank of a River, has a Right to Enclose the Same.
Whoever cultivates land in a place traversed by a stream, where there is a ford through which cattle can pass, must enclose his crops with a fence. Should he fail to do this, and any damage should result through his neglect, he shall not be entitled to damages from any person, because it is not just that his own negligence should be the occasion of loss to another.
ANCIENT LAW.
XXIX. Concerning the Right to Enclose Streams.
No one shall, for his own private benefit, and against the interests of the community, obstruct any stream of importance; that is to say, one in which salmon and other sea-fish enter, or into which nets may be cast, or vessels may come for the purpose of commerce. He shall, however, not be forbidden to build a fence as far as the middle of the channel, where the water is deepest, provided he leaves half of the body of the stream free for the use of others.
Should anyone violate this law, the obstruction may be removed either by the governor of the city, or by a judge, without any further proceeding. If the party concerned is a person of high rank, he shall pay ten solidi to those whose rights were invaded, and if he is a person of inferior station, he shall pay them five solidi, and receive fifty lashes.
Where one person owns land on one side of a river, and another on the other side, they shall not be permitted to entirely obstruct the same, through each claiming that he has right to obstruct his half; but they shall not be prohibited from placing their fences as far as the middle of said stream, provided one fence be placed some distance above the other. If, however, there should be only one part of said stream where fences can be built, this shall be done in such a manner that nets may be cast there, and vessels may freely pass. If the governor of a city, or any other person, whosoever, should destroy the fence of anyone, contrary to this decree, he shall pay ten solidi to the owner of said fence. If the culprit should be a person of inferior rank, he shall be compelled to pay five solidi to the owner of the fence, and shall receive fifty lashes by order of the judge of the district, and if he should be a slave, he shall receive a hundred lashes.
XXX. Concerning Those who Damage Mills and Ponds.
If anyone should injure a mill by violence, he shall be compelled to repair the damage within twenty days; and, in addition, shall pay twenty solidi. If he should not make such repairs within the time aforesaid, he shall be compelled to pay twenty additional solidi, and shall receive a hundred lashes. The same law shall apply to injuries to mill ponds, and to all other artificial bodies of water. Where a slave commits this offence, he shall repair the damage, and receive a hundred lashes.