r_).
8. If a water-course directed through a public place shall do damage
to a private person, to the [same] private person shall be [the right
to bring] an action (_actio_), that damage shall be repaired for the
owner.
9. Branches of a tree may be lopped all around to a height of fifteen
feet.[34] If a tree on a neighbor's farm [be bent crooked] by the wind
[and] lean over one's farm, [one can take] legal action (_agere_) for
removal of that [tree or at least of the offending part of it].
10. [The owner of a tree] may gather its fruit which falls upon
another's farm.
TABLE VIII. TORTS OR DELICTS
1. If any person had sung or had composed a song,[35] which caused
slander[36] or insult to another person ... he should be clubbed to
death.[37]
2. A person who had sung an evil spell ...[38]
3. If a person has broken another's limb (_membrum_),[39] unless he
make agreement [for compensation] with him, there shall be retaliation
in kind (_talio_).[40]
4. If a person has broken or has bruised a bone with hand club, he
[shall] undergo a penalty of 300 [_asses_, if] to [an injured]
freeman, [or] of 150 [_asses_,] if to [an injured] slave.
5. If a person shall have done [simple] harm (_iniuria_) to another,
penalties shall be 25 _asses_.
6. [If] a person shall have caused loss ... [41]
7. If a quadruped shall be said to have caused damage (_pauperies_),
legal action (_actio_) [shall be sanctioned] either for the surrender
of the thing which made the damage[42] or for the offer of assessment
for the damage.
8. [If a person] pasture [his] cattle [on a neighbor's land, he shall
be liable to a legal action].[43]
9. He who has enchanted crops[44] ... nor should he decoy another's
corn ... [45]
10. For pasturing on or for cutting secretly by night [another's]
crops acquired by tillage [shall be] in the case of an adult hanging
and death [by sacrifice] to Ceres;[46] a person under the age of
puberty (under 15 years of age) [shall] either be scourged at the
discretion [of the magistrate] or make composition by [paying] double
[damages] for the harm [done].
11. Who shall have destroyed by burning a building or a stack of corn
set alongside a house is ordered to be bound, scourged, burned to
death, provided that knowingly and consciously he shall have committed
this; but if this be by accident [, that is] by negligence, either he
is ordered to repair the damage or, if he be too poor to be competent
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