for such punishment, he shall be chastised more lightly.

12. Any person who shall have felled wrongfully (_iniuria_) other
persons' trees shall pay 25 asses for every [tree].

13. If theft has been done by night, if [owner] has killed him (the
thief), he (the thief) shall be [held] killed lawfully (_iure_).

14. It is forbidden that a thief be killed by day ... Unless he (the
thief) defend himself with a weapon, even though he (the thief) shall
have come with a weapon, unless he (the thief) shall use that weapon
and shall resist, you shall not kill him. And even if he (the thief)
resist, [you] shall shout [, that some persons may hear and
assemble].[47]

15. In the case of all other thieves caught in the act [it is
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
... the legal action (_actio_) against guardians (tutor) [shall be]
for double [damages].

22. If a patron (_patronus_) shall have defrauded a client (_cliens_),
he shall be forfeited solemnly (_sacer_).[53]

23. Whoever shall have allowed himself to be called as a witness or
shall