3.1.214 to 3.1.218

(185) From what we have already said it will be understood what non-manifest theft is, for what does not belong to this class belongs to the other. (186) The receiving of stolen property takes place when it is sought for and found in the possession of anyone, in the presence of witnesses; for even though the party may not be the thief, a special action can be brought against him which is called a suit for the recovery of stolen property. (187) Delivery of stolen goods is said to take place when the stolen property is offered to you by anyone in order that it may be found in your possession, and is given to you with the intention that it should be discovered on your premises rather than upon those of him who gave it to you. If the property should be found on your premises an action will lie in your favor against the party who gave it to you, even though he may not be the thief, which is called an action on account of the delivery of stolen property. (188) An action for preventing the search for stolen goods may be brought against him who hinders anyone from searching for stolen property on his premises. (189) The penalty for manifest theft was capital under the Law of the Twelve Tables, for a freeman, after having been scourged, was delivered up to the party against whom he committed the theft; and whether he became his slave by this proceeding, or was placed in the position of one against whom judgment had been rendered for a debt, was a matter of dispute among the ancient lawyers. The punishment of scourging was also inflicted upon a slave, but the harshness of the penalty was subsequently disapproved of, and in the case of a slave, as well as of that of a freeman, an action for fourfold damages was established by the Edict of the Prætor.