The Twelve Tables by Anonymous
page 15 of 34 (44%)
page 15 of 34 (44%)
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ordained] that freemen be scourged and be adjudged [as bondsmen] to
the person against whom the theft has been committed, provided that they had done this by day and had not defended themselves with a weapon; that slaves caught in the act of theft be whipped with scourges and be thrown from the rock;[48] that boys below the age of puberty (under 15 years old) be flogged at [the magistrate's] discretion and that damage done by them be repaired. 16. Thefts which have been discovered through [use of] platter and loincloth [shall be punished just as if the culprits had been caught in the act]. For cases of stolen goods discovered (_furtum conceptum_) [by other means than by platter and loincloth] or introduced (_furtum oblatum_) the penalty is triple [damages].[49] 17. If a person plead on case of theft, in which [the thief] shall not be caught in the act, [the thief] shall compound for the loss by [paying] double [damages].[50] 18. A stolen thing is debarred from prescription (_usucapio_).[51] 19. No person shall practise usury at a rate of more than one-twelfth[52] ... [if he do,] a usurer shall be condemned for quadruple [damages]. 20. In a suit concerning an article deposited [with a person who has failed to return the article] legal action (_actio_) for double [damages is granted]. 21. [If] guardians (_tutor et curator_) [be suspected of mal-administration, there is] the right to accuse [them] on suspicion |
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