3.1.236 to 3.1.239

(207) But as he with whom property is deposited for safe keeping is only responsible where he has committed fraud, in like manner, if the property should be stolen from him, for the reason that he is not required to make restitution by the action of deposit he is not, on that account, interested in its being preserved; and hence he cannot bring the action of theft, but this action will lie in favor of the owner. (208) In conclusion, it should be noted, that it is a question whether a child under the age of puberty becomes guilty of theft by removing property belonging to another. It is held by the greater number of authorities that, as a theft consists in the intention, a child under the age of puberty is not liable for this offence, unless he is very near puberty, and for this reason can understand that he is committing a crime. (209) Anyone who seizes the property of another by violence, is also liable for theft; for who handles the property of another more against the consent of the owner than he who seizes it by violence? Therefore, it has been very properly said that he is an impudent thief. The Prætor, however, introduced a peculiar action to be brought in the case of a crime of this kind, which is called the action for robbery with violence; and it may be brought within a year for quadruple damages, and, after a year has elapsed, for simple damages. This action will lie even if the person took only one article, even of the smallest value, with violence. (210) The action for unlawful damage was established by the Lex Aquilia in the first chapter of which it is provided that if anyone unlawfully kills a male or female slave, or any quadruped included in the cattle of another, he shall be required to pay to the owner of the same a sum equal to the highest value of the property during that year.