FREE BOOKS

Author's List




PREV.   NEXT  
|<   148   149   150   151   152   153   154   155   156   157   158   159   160   161   162   163   164   165   166   167   168   169   170   171   172  
173   174   175   176   177   178   179   180   181   182   183   184   185   186   187   188   189   190   191   192   193   194   195   196   197   >>   >|  
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
PREV.   NEXT  
|<   148   149   150   151   152   153   154   155   156   157   158   159   160   161   162   163   164   165   166   167   168   169   170   171   172  
173   174   175   176   177   178   179   180   181   182   183   184   185   186   187   188   189   190   191   192   193   194   195   196   197   >>   >|  



Top keywords:

action

 

property

 

person

 
liable
 
window
 

abetment

 

stolen

 
master
 

father

 

committed


ladder

 

debtor

 

steals

 
instance
 

abetted

 

returned

 

instigates

 
offence
 

advises

 
acquire

deemed

 
commission
 

usucapion

 

perfectly

 
pawnee
 

advantageous

 

unbending

 

pawnor

 

suable

 

personal


pledge

 

offender

 

ground

 

whatsoever

 
maintain
 

suffers

 
damage
 
borrowed
 
interested
 

security


mention

 

knocks

 

persons

 
scatters
 

snatch

 

stands

 

perpetrator

 
removed
 

control

 
secretly