ation.
9 A free man too may be the subject of a theft--for instance, a child in
my power, if secretly removed from my control.
10 So too a man sometimes steals his own property--for instance, a
debtor who purloins the goods which he has pledged to a creditor.
11 Theft may be chargeable on a person who is not the perpetrator; on
him, namely, by whose aid and abetment a theft is committed. Among such
persons we may mention the man who knocks money out of your hand for
another to pick up, or who stands in your way that another may snatch
something from you, or scatters your sheep or your oxen, that another
may steal them, like the man in the old books, who waved a red cloth to
frighten a herd. If the same thing were done as a frolic, without the
intention of assisting a theft, the proper action is not theft, but on
the case. Where, however, Titius commits theft with the aid of Maevius,
both are liable to an action on theft. A man, too, is held to have aided
and abetted a theft who places a ladder under a window, or breaks open
a window or a door, in order that another may steal, or who lends tools
for the breaking of them open, or a ladder to place under a window, if
he knows the object for which they are borrowed. It is clear that a
man is not liable on theft, who, though he advises and instigates an
offence, does not actually aid in its commission.
12 If a child in power, or a slave, steal property of his father or
master, it is theft, and the property is deemed stolen, so that no one
can acquire it by usucapion until it has returned into the hands of the
owner; but no action will lie on the theft, because between a son in
power and his father, or between a slave and his master, no action will
lie on any ground whatsoever. But if the offender is aided and abetted
by a third person, the latter is liable to an action on theft, because a
theft has in fact been committed, and by his aid and abetment.
13 The action on theft will lie at the suit of any person interested in
the security of the property, even though he be not its owner: indeed,
even the owner cannot maintain the action unless he suffers damage from
the loss.
14 Hence, when a pawn is stolen the pawnee can sue, even though his
debtor be perfectly able to pay the debt; for it is more advantageous
to him to rely on the pledge, than to bring a personal action: and this
rule is so unbending that even the pawnor who steals a pawn is suable
for theft by the
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