hich are mixed, or partly reparative,
partly penal.

17 All real actions are purely reparative. Of personal actions those
which spring from contract are nearly all of the same character; for
instance, the actions on loans of money, or stipulations, on loans for
use, on deposit, agency, partnership, sale, and hire. If, however,
the action be on a deposit occasioned by a riot, a fire, the fall of a
building, or a shipwreck, the praetor enables the depositor to recover
double damages, provided he sues the bailee in person; he cannot recover
double damages from the bailee's heir, unless he can prove personal
fraud against the latter. In these two cases the action, though on
contract, is mixed.

18 Actions arising from delict are sometimes purely penal, sometimes
are partly penal and partly reparative, and consequently mixed. The sole
object of the action of theft is the recovery of a penalty, whether
that penalty be four times the value of the property stolen, as in
theft detected in the commission, or only twice that value, as in simple
theft. The property itself is recoverable by an independent action in
which the person from whom it has been stolen claims it as his own,
whether it be in the possession of the thief himself or of some third
person; and against the thief himself he may even bring a condiction, to
recover the property or its value.

19 The action on robbery is mixed, for the damages recoverable
thereunder are four times the value of the property taken, threefourths
being pure penalty, and the remaining fourth compensation for the loss
which the plaintiff has sustained. So too the action on unlawful damage
under the lex Aquilia is mixed, not only where the defendant denies his
liability, and so is sued for double damages, but also sometimes where
the claim is for simple damages only; as where a lame or one-eyed slave
is killed, who within the year previous was sound and of large value; in
which case the defendant is condemned to pay his greatest value within
the year, according to the distinction which has been drawn above.
Persons too who are under an obligation as heirs to pay legacies or
trust bequests to our holy churches or other venerable places, and
neglect to do so until sued by the legatee, are liable to a mixed
action, by which they are compelled to give the thing or pay the money
left by the deceased, and, in addition, an equivalent thing or sum as
penalty, the condemnation being thus in twice t