g by a bull, known to be given that way; but the action does not
lie unless in causing the damage the animal is acting contrary to its
natural disposition; if its nature be to be savage, this remedy is not
available. Thus, if a bear runs away from its owner, and causes damage,
the quondam owner cannot be sued, for immediately with its escape his
ownership ceased to exist. The term pauperies, or 'mischief,' is used to
denote damage done without there being any wrong in the doer of it, for
an unreasoning animal cannot be said to have done a wrong. Thus far as
to the noxal action.

1 It is, however, to be observed that the Edict of the aedile forbids
dogs, boars, bears, or lions to be kept near where there is a public
road, and directs that if any injury be caused to a free man through
disobedience of this provision, the owner of the beast shall be
condemned to pay such sum as to the judge shall seem fair and equitable:
in case of any other injury the penalty is fixed at double damages.
Besides this aedilician action, that on pauperies may also be sometimes
brought against the same defendant; for when two or more actions,
especially penal ones, may be brought on one and the same ground, the
bringing of one does not debar the plaintiff from subsequently bringing
the other.

TITLE X. OF PERSONS THROUGH WHOM WE CAN BRING AN ACTION

We must now remark that a man may sue either for himself, or for another
as attorney, guardian, or curator: whereas formerly one man could not
sue for another except in public suits, as an assertor of freedom,
and in certain actions relating to guardianship. The lex Hostilia
subsequently permitted the bringing of an action of theft on behalf
of persons who were in the hands of an enemy, or absent on State
employment, and their pupils. It was, however, found extremely
inconvenient to be unable to either bring or defend an action on behalf
of another, and accordingly men began to employ attorneys for this
purpose; for people are often hindered by illhealth, age, unavoidable
absence, and many other causes from attending to their own business.

1 For the appointment of an attorney no set form of words is necessary,
nor need it be made in the presence of the other party, who indeed
usually knows nothing about it; for in law any one is your attorney whom
you allow to bring or defend an action on your behalf.

2 The modes of appointing guardians and curators have been explained in
the first Boo