he action of theft
against the thief, as his rights of action pass to the person who has
compensated him for the loss of his property. Conversely it is clear,
that if, at the outset, the owner began an action on the loan against
the borrower, not knowing that the property had been stolen, and
subsequently, on learning this, proceeded against the thief instead,
the borrower is absolutely released from liability, whatever may be the
result of the owner's action against the thief; the rule being the same,
whether the borrower be wholly or only partially insolvent.

17 As a depositary is not answerable for the safe keeping of the thing
deposited, but only for fraud, and, if it is stolen, is not compellable
to make restitution by action of deposit, he has no interest if it is
lost, and therefore the action of theft is maintainable only by the
depositor.

18 Finally, it has been a question whether a child below the age of
puberty, who carries away the property of another, is guilty of theft.
The answer is that, as theft depends on intention, obligation by theft
is not incurred unless the child is near puberty, and so understands its
delinquency.

19 The object of the action on theft, whether it be for double or
quadruple the value of the goods stolen, is merely the recovery of the
penalty; to recover the goods themselves or their value the owner has
an independent remedy by vindication or condiction. The former is
the proper remedy when it is known who is in possession of the goods,
whether this be the thief or any one else: the latter lies against the
thief or his heir, whether in possession of the stolen property or not.

TITLE II. OF ROBBERY

Robbery is chargeable also as theft; for who deals with the property
of another more against that other's will than the robber? And thus the
description of the robber as an audacious thief is a good one. However,
as a special remedy for this offence the praetor has introduced the
action for robbery, or rapine with violence, which may be brought within
a year for four times the value, after a year for simple damages, and
while lies even when only a single thing of the slightest value has been
taken with violence. This fourfold value, however, is not all penalty,
nor is there an independent action for the recovery of the property or
its value, as we observed was the case in the action of theft detected
in the commission; but the thing or its value is included in the
fourfold