t before he has got outside the door; or who steals olives
from an olive garden, or grapes from a vineyard, and is caught while
still in the olive garden or vineyard. And the definition of theft
detected in the commission must be even further extended, so as to
include the thief who is caught or even seen with the stolen goods still
in his hands, whether the place be public or private, and whether the
person who sees or catches him be the owner of the property, or some
third person, provided he has not yet escaped to the place where he
intended to take and deposit his booty: for if he once escapes there,
it is not theft detected in the commission, even if he be found with the
stolen goods upon him. What is simple theft is clear from what has
been said: that is to say, it is all theft which is not detected in the
commission.

4 The offence of discovery of stolen goods occurs when a person's
premises are searched in the presence of witnesses, and the stolen
property is found thereon; this makes him liable, even though innocent
of theft, to a special action for receiving stolen goods. To introduce
stolen goods is to pass them off to a man, on whose premises they are
discovered, provided this be done with the intent that they shall be
discovered on his premises rather than on those of the introducer. The
man on whose premises they are found may sue the latter, though innocent
of theft, in an action for the introduction of stolen goods. There is
also an action for refusal of search, available against him who prevents
another who wishes to look in the presence of witnesses for stolen
property; and finally, by the action for nonproduction of stolen goods,
a penalty is imposed by the praetor's edict on him who has failed to
produce stolen property which is searched for and found on his premises.
But the lastnamed actions, namely, those for receiving stolen goods, for
introducing them, for refusal of search, and for nonproduction, have now
become obsolete: for the search for such property is no longer made in
the old fashion, and accordingly these actions went out of use also.
It is obvious, however, that any one who knowingly receives and hides
stolen property may be sued by the action for simple theft.

5 The penalty for theft detected in the commission is four times the
value, and for simple theft twice the value, of the property stolen,
whether the thief be a slave or a free person.

6 Theft is not confined to carrying awa