III. Where Hogs Turned on Land to be Fed on Acorns, under Contract, are Taken away by Stealth, Before the Tenth Part of said Hogs are Delivered.
Where anyone puts his hogs under contract, in the woodland of another, and secretly removes them, before the customary tenth has been paid, he shall be considered a thief, and shall not only pay the tenth which is due from him, but shall also be liable for the compensation provided by law for the crime of theft. If the offender should be a slave, and should have acted without the knowledge of his master, he shall receive a hundred lashes; and his master shall be liable for no damages, but must deliver the tenth which is due. If, however, the slave should have done this under the orders of his master, the latter must give pecuniary satisfaction, as in the case of theft.
ANCIENT LAW.
IV. Where Hogs are Found Wandering in Woodland.
Where anyone finds hogs straying in his woods, he must either notify his neighbors, or shut up said hogs. If the owner of the hogs should not make his appearance, he who took them up shall be entitled to keep one, and shall notify the nearest judge that he has stray hogs in his possession. Then, if the owner of the same should not be found, he may keep them as his own, and exact the tenth part of their number, in compensation for pasturage, as is customary; and when the master does come, he shall be entitled to a reasonable compensation for keeping said hogs, which compensation shall be fixed by the judge, and shall depend upon the time they were under the care of the person who took them up.
V. Where a Drove of Animals, of any Kind, Enter upon the Pasture-land of Another Person.
Where a flock of sheep, or a drove of cattle enter upon the pasture-lands of another, the same rule shall be observed as has been determined in the case of hogs. But travellers or strangers shall incur no responsibility, for the reason that it is well determined that they have the right to use pastures which are not enclosed. He who encloses his own part of a pasture, and uses that of another, in the absence of the master thereof, must not do so without the consent of the owner of the same.
THE GLORIOUS FLAVIUS RECESVINTUS, KING.
VI. Public Notice shall be given of Strays by him who Finds them.
It shall be lawful to take up horses, or any other animals, that have strayed; but he who does so, must immediately give notice of the fact to the bishop, the governor, the judge, the other authorities of the district, or to a public assembly of the neighbors. If said party should not give such notice, he shall incur the penalty of theft. A similar rule shall apply to other property taken up under the same circumstances.