he value of the original
claim.
20 Some actions are mixed in a different sense, being partly real,
partly personal. They are exemplified by the action for the division of
a 'family,' by which one of two or more joint heirs can enforce against
the other or rest a partition of the inheritance, and by the actions
for the division of common property, and for rectification of boundaries
between adjoining landed proprietors. In these three actions the judge
has power, according as shall to him seem fair and equitable, to adjudge
any part of the joint property, or of the land in dispute, to any one
of the parties, and to order any one of them who seems to have an undue
advantage in the partition or rectification to pay a certain sum of
money to the other or the rest as compensation.
21 The damages recoverable in an action may be either once, twice,
three, or four times the value of the plaintiff's original interest;
there is no action by which more than fourfold damages can be claimed.
22 Single damages only are recoverable in the actions on stipulation,
loan for consumption, sale, hire, agency, and many others besides.
23 Actions claiming double damages are exemplified by those on simple
theft, on unlawful damage under the lex Aquilia, on certain kinds of
deposit, and for corruption of a slave, which lies against any one by
whose instigation and advice another man's slave runs away, or becomes
disobedient to his master, or takes to dissolute habits, or becomes
worse in any way whatsoever, and in which the value of property which
the runaway slave has carried off is taken into account. Finally, as we
remarked above, the action for the recovery of legacies left to places
of religion is of this character.
24 An action for triple damages is grounded when a plaintiff makes an
overstatement of his claim in the writ of summons, in consequence of
which the officers of the court take too large a fee from the defendant.
In such a case the latter will be able to recover from the plaintiff
three times the loss which he sustains by the overcharge, including
in these damages simple compensation for the sum paid in excess of the
proper fee. This is provided by a distinguished constitution in our
Code, under which a statutory condiction clearly lies for the damages in
question.
25 Quadruple damages are recoverable by the action on theft detected
in the commission, by the action on intimidation, and by the action
grounded on the
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