3.1.244 to 3.1.247

(215) By the provisions of the second chapter an action is granted for the amount of the claim against a joint stipulator who fraudulently released the payment of money due to the stipulator. (216) It is clear that in this section of the law an action was introduced for the recovery of damages, although this provision was not necessary, as the action of mandate would have been sufficient for that purpose; except that under this law a suit for double damages can be brought against the defendant, if he makes a contest. (217) In the third chapter, provision is made for all other kinds of damage. Therefore, if anyone wounds a slave, or a quadruped included under the head of cattle; or even one which is not so included, as for instance, a dog; or wounds or kills a wild beast, for example, a bear, or a lion; an action is authorized by this chapter. With reference to other animals also, as well as to all property which is destitute of life, damages can be recovered for injury by this section of the law. An action is also provided therein, where anything has been burned, dashed to pieces, or broken, although the single term "broken" is sufficient in all these cases, for it is understood to mean spoiled in any way. Therefore, where anything is burned, dashed to pieces, or broken, and also cut, crushed, spilled, or injured to any extent, or destroyed or deteriorated, it is comprehended in this term. (218) In this chapter, however, the person who committed the damage is responsible, not only for the value of the property within the past year, but also for what it was worth within the thirty preceding days and the words "highest value" are not added. Therefore, certain authorities hold that it should be in the discretion of the judge to determine whether the estimate of the property ought to be made with reference to its greatest value, or to any inferior value which it may have had within the last thirty days; but it was the opinion of Sabinus that the law should be construed just as if the word "highest" had been inserted; and that the legislator was satisfied because he had used the expression in the first chapter of the law.