of division, the judge ought to assign a specific portion of each
jointowner, condemning such one as seems to be unduly favoured to pay
a fixed sum to the other as compensation. If the property cannot be
conveniently divided--as a slave, for instance, or a mule--it ought
to be adjudged entirely to one only of the jointowners, who should be
ordered to pay a fixed sum to the other as compensation.

6 In an action for rectification of boundaries the judge ought to
examine whether an adjudication of property is actually necessary. There
is only one case where this is so; where, namely, convenience requires
that the line of separation between fields belonging to different owners
shall be more clearly marked than heretofore, and where, accordingly,
it is requisite to adjudge part of the one's field to the owner of the
other, who ought, in consequence, to be ordered to pay a fixed sum as
compensation to his neighbour. Another ground for condemnation in
this action is the commission of any malicious act, in respect of the
boundaries, by either of the parties, such as removal of landmarks, or
cutting down boundary trees: as also is contempt of court, expressed by
refusal to allow the fields to be surveyed in accordance with a judge's
order.

7 Wherever property is adjudged to a party in any of these actions, he
at once acquires a complete title thereto.

TITLE XVIII. OF PUBLIC PROSECUTIONS

Public prosecutions are not commenced as actions are, nor indeed is
there any resemblance between them and the other remedies of which we
have spoken; on the contrary, they differ greatly both in the mode in
which they are commenced, and in the rules by which they are conducted.

1 They are called public because as a general rule any citizen may come
forward as prosecutor in them.

2 Some are capital, others not. By capital prosecutions we mean those
in which the accused may be punished with the extremest severity of the
law, with interdiction from water and fire, with deportation, or with
hard labour in the mines: those which entail only infamy and pecuniary
penalties are public, but not capital.

3 The following statutes relate to public prosecutions. First, there is
the lex Iulia on treason, which includes any design against the Emperor
or State; the penalty under it is death, and even after decease the
guilty person's name and memory are branded with infamy.

4 The lex Iulia, passed for the repression of adultery, punishes w