Chapter XXVII: Book X

CONCERNING PARTITION, LIMITATION, AND BOUNDARIES.

TITLE I. CONCERNING PARTITION, AND LANDS CONVEYED BY CONTRACT.

=I.= _A Partition Once Made, shall Remain Forever in Force._

=II.= _No Partition Made Between Brothers shall be Revoked,
Even if it was not Made in Writing, but Only in the
Presence of a Competent Witness._

=III.= _Where a Partition is Made Among Many Persons by the
Majority, and those Entitled to the Larger Share, it
shall not be Changed by any Act of the Minority._

=IV.= _One Heir shall have the Right to Act for all the Others,
either as Plaintiff or Defendant._

=V.= _Where Anyone Violates a Contract Establishing a
Partition, and Seizes a Portion of the Property._

=VI.= _Where an Heir Plants a Vineyard, or Erects a House, on
Land Belonging to his Co-Heirs._

=VII.= _Where one Person Plants a Vineyard on the Land of
Another, to which he has no Title._

=VIII.= _Concerning the Division of Lands Made Between Goths
and Romans._

=IX.= _Concerning Forests Still Undivided Among Goths and
Romans._

=X.= _Whatever Acts a Slave may Perform, without the Order of
his Master, shall be Void, except when Otherwise
Provided by Law._

=XI.= _Whoever Enters upon Land, under a Lease, must Comply
with his Contract._

=XII.= _Where Lands are Leased, by a Written Contract, for a
Term of Years._

=XIII.= _Where he who Rents Land under Contract, Cultivates a
Greater Area than he has a Right to do, under the
Conditions of the Same._

=XIV.= _Where a Dispute Arises Between Landlord and Tenant,
Concerning Arable Lands, or Forests, which are Leased._

=XV.= _Both Tenants must Pay the Rent for Land which has been
Sublet._

=XVI.= _Where Goths have Appropriated any of the Third Part of
Land Belonging to Romans, they shall Restore the
Entire Amount to the Romans, under Order of Court._

=XVII.= _Concerning the Partition of Property Among the
Blood-Relatives of Slaves, and the Distribution of
their Personal Estates._

=XVIII.= _All Personal Property shall be Classed under One
Title._

=XIX.= _Where a Contract is not Complied with, according to
its Terms._

=I. A Partition Once Made, shall Remain Forever in Force.=

A just partition once made, shall always remain in force, and, for no reason, shall it ever be altered thereafter.

=II. No Partition made Between Brothers shall be Revoked, Even if it was not Made in Writing, but Only in the Presence of a Competent Witness.=

We hereby decree that a partition made between brothers, even though it be not evidenced by an agreement in writing, shall remain in force, provided it can be proved by competent testimony; and, when this has been done, said partition shall have full validity in law.

=III. Where a Partition is Made Among Many Persons by the Majority, and those Entitled to the Larger Share, it shall not be Changed by any Act of the Minority.=

Where several heirs are interested in a partition of property, whatever is determined upon, as equitable, by a majority of the same, shall prevail, and shall not be interfered with thereafter by the minority.

=FLAVIUS CHINTASVINTUS, KING.=

=IV. One Heir shall have the Right to Act for all the Others, either as Plaintiff or Defendant.=

It was established by a former law that, where a cause is heard in court, one person shall not have the right to answer for another, unless the latter, who is equally interested, should be present, and should consent; and, for this reason, we consider it superfluous to make further provision in such matters, in cases where litigation arises, and each person must plead his own cause. However, lest through the artifice of an adversary, where a party interposes delay on behalf of one joined with him in the case, the term of thirty years may run against the complainant; after due deliberation, we hereby decree, that no excuse for delay shall be allowed in behalf of any party; and that any party to a suit may appear for all others joined with him, in the same manner as if he alone were interested. If, however, an heir should lose the suit either through corruption, or by his own negligence, the rights of none of his co-heirs shall be prejudiced thereby; and should any of them desire to reopen the case, they shall be permitted to do so. The law hereinbefore mentioned, which relates to this subject, is hereby abrogated; and we enjoin the observance of the present one upon all the people of our realm. And we hereby decree, that the same rule shall be observed where one of several parties interested in the prosecution of a claim thinks that a suit ought to be brought to collect it.

=V. Where Anyone Violates a Contract Establishing a Partition, and Seizes a Portion of the Property.=

Whoever violates the provisions of a partition made between heirs, and seizes any property belonging to a co-heir, shall forfeit as much of his own share as he attempted to take from the other.

=VI. Where an Heir Plants a Vineyard, or Erects a House, on Land Belonging to his Co-Heirs.=

Where anyone plants a vineyard, or builds a house, upon the land of any of his co-heirs, whether the owner of the same is ignorant of the fact, or consents to it, (even if he who planted said vineyard, or built said house, was ignorant of what part of said land belonged to his co-heirs), when he shall establish this, either by his own oath, or by the testimony of witnesses, he shall give to the owner upon whose premises he planted the vineyard, an equal quantity of land of the same value, and shall remain secure in the possession of the vineyard which he planted. If, however, he should plant said vineyard against the consent of the owner, he shall forfeit all right to the same. The same rule shall apply to buildings of every description. We also decree that if anyone should sell, give away, or exchange, land belonging to another; as soon as it shall be discovered that he had no title to the same, and if he who received said land should have built a house upon it, or should have planted a vineyard, olive-grove, garden, or orchard therein; or should have added anything to the value of said land by his labor; and the party to whom said land belongs should delay to claim it; or should be ignorant that it had been so disposed of; or should be unwilling to assert his rights to the same, in order to thereafter reap the benefit of the additional value it has acquired from the labor of another; when the said owner shall establish his title to said land in court, he shall receive another similar tract, double in value, from the party who made the illegal sale or transfer, and he who improved said land shall under no circumstances lose the fruits of his toil.

=VII. Where one Person Plants a Vineyard on the Land of Another, to which he has no Title.=

Whoever plants a vineyard upon the land of another, who is not his co-heir, without the permission of said owner, either by force, or when said owner was ignorant of the fact, or absent (even if he should not have been forbidden to do so), shall lose the vineyard that he planted; for the reason that he ought to know that whoever appropriates the property of another should not profit twofold by his illegal act.

=VIII. Concerning the Division of Lands Made Between Goths and Romans.=

A division of arable lands or forests made between Goths and Romans, shall under no circumstances be interfered with, provided said division shall be proved to have been publicly made, and no Roman shall take, or claim for himself, any part of the two thirds of said land allotted to a Goth in said division; nor shall any Goth dare to seize, or claim for himself, any of the third part of said land allotted to a Roman, unless it should have been bestowed upon him by our generosity; and any division made between parents or neighbors shall not be disturbed by their posterity.

=IX. Concerning Forests Still Undivided Among Goths and Romans.=

In the case of forests which are still undivided, where any Goth or Roman has appropriated a portion of the same, and placed it under cultivation, we hereby decree that if any woodland of equal value belongs to the party bound under the law to make compensation, the person entitled to receive said compensation shall not refuse to accept the woodland aforesaid. If, however, the former should have no woodland of equal value, the tract which is under cultivation shall be divided between the two parties.

=X. Whatever Acts a Slave may Perform, without the Order of his Master, shall be Void, except when Otherwise Provided by Law.=

Wherever a slave makes a division of any property, or does any other act without the order of his master, except where authorized by law, we declare said act to be invalid, unless the master of said slave should be willing to sanction the same.

=XI. Whoever Enters upon Land, under a Lease, must Comply with his Contract.=

Whoever rents land under the terms of a legal contract, for a fixed annual rental, shall have possession of said premises, and must pay the rent at the end of each year, according to the terms of the lease; because no contract should be violated. Where the tenant neglects to pay the rent at the end of each year, the owner shall be entitled to the possession of his land; and he who did not comply with his contract shall, through his own fault, lose all the profit which might accrue to him under said contract.

=XII. Where Lands are Leased, by a Written Contract, for a Term of Years.=

Where the use of land is granted by an instrument in writing, for a certain term of years, he who received said land shall restore the same to the owner, at the expiration of said term, and shall do so without unnecessary delay, according to the conditions of the contract.

=XIII. Where he who Rents Land under Contract, Cultivates a Greater Area than he has a Right to do, under the Conditions of the Same.=

Whoever rents land under a lease, shall occupy as much of said land as the owner permits him to use, and no more. If, however, he should cultivate more land than he is entitled to under his contract, or should bring in others for that purpose, or his sons and grandsons, inmates of his house, should cultivate lands not included in his lease; or he should occupy any fields without the permission of the owner; or should, without authority, cut down any grove, for the purpose of having tillable land, or meadows, or to build fences out of the timber; he shall lose everything which he has appropriated without permission; and it shall rest in the discretion of the owner whether he shall increase the rent, or shall at once take possession of the land not included in the lease. And where only arable land is rented to any person and no woodland or pasture is included, no lessee shall have the right to use said woodland or pasture without the consent of the owner thereof.

=XIV. Where a Dispute Arises Between Landlord and Tenant, Concerning Arable Lands, or Forests, which are Leased.=

Where any dispute arises between the parties to a lease, concerning the quantity of land granted under said lease the lessor, if he is living, and if he is dead, his heirs, shall make oath that said lessor did not lease a larger tract of land than is designated by them. And after they have made oath as aforesaid, they shall attach their seals to the same in the presence of witnesses, to the end that no cause for dispute may arise thereafter. If, however, said parties should not be worthy of credit, or should be unwilling to make oath as aforesaid, or should have any doubt concerning the amount of land so leased, they shall not make oath and imperil their souls, but they shall divide each of the whole number of _aratra_ received by themselves, as heirs of their parents, into fifty _arepennes_: so that every portion occupied or cultivated shall include said fifty _arepennes_; nor shall they presume to occupy any more than said portion measured and allotted to them, unless with the consent of the owner or owners of said land. Any tenant who occupies more than said quantity of land, shall pay double the amount of rent of the tract he illegally entered upon.

=XV. Both Tenants must Pay the Rent for Land which has been Sublet.=

Where a landlord receives a tenant on his land, and it afterward happens that the latter sublets a third of the same to another party, both shall be considered tenants of the landlord, and shall pay rent to him in proportion to the amount of land they occupy.

=XVI. Where Goths have Appropriated any of the Third Part of Land Belonging to Romans, they shall Restore the Entire Amount to the Romans, under Order of Court.=

Judges, governors, and other authorities, in all cases where Romans have been deprived of their lands, shall take them from those who occupy them, and restore them to the Romans, in order that the royal treasury may sustain no loss; provided, however, that the period of fifty years shall not have elapsed, so that, by limitation of time, the rights of the Romans to said lands may not have been lost.

=FLAVIUS CHINTASVINTUS, KING.=

=XVII. Concerning the Partition of Property Among the Blood-Relatives of Slaves, and the Distribution of their Personal Estates.=

It is the just province of the law to amend or repeal by new decrees, any former statutes which may be devoid of reason or equity; and the cause of abuses must first be determined, before laws can be enacted for their correction. As a son is born of both parents, why should he follow the condition of his mother, while he owes his being equally to his father. It is, therefore, but reasonable that we decree that where one slave has married a slave owned by another person, any issue of said marriage shall belong equally to the masters of both slaves. Where, however, there is but one son born to said parents, since he cannot serve both masters at once, he shall remain with his mother until his twelfth year, at which age he will be able to work. The master of the female slave shall then pay to the master of her husband one half of the value of the child, after said value shall have been appraised by men of respectability. A similar rule shall be observed in the cases of other children of slaves, where said children are not of even number. All personal property which said male and female slave has accumulated, while living under one roof, shall belong to both masters. And if said slaves should have accumulated any property on land belonging to a third person, or any building, or any real estate of any description, or any personal property that is not portable, the masters of said slaves shall have a right to the division of said property among themselves, in the same manner as if it had been acquired through relationship by blood. If one of the said masters should be opposed to the marriage of the slaves aforesaid, he may straightway separate them, under this condition: that, after said marriage shall have come to the knowledge of said masters, and they should not desire its continuance, they must dissolve it within a year. If, through their negligence, this reasonable time prescribed by law should have elapsed, whatever issue said slaves may have after that time, shall be equally divided between their masters; the sex, number, and ages of said children being taken into consideration. If more than a year should elapse without one or both of their masters being aware of said marriage, all issue of the same shall be divided between them, as aforesaid.

=THE GLORIOUS FLAVIUS RECESVINTUS, KING.=

=XVIII. All Personal Property shall be Classed under One Title.=

We often see wicked persons, for the purpose of contention, pervert the meaning of the law; and, in order to prevent such conduct, as far as possible, we desire to simplify matters whenever this can be done. Therefore, we decree that no difference shall exist in the classification of all kinds of personal property, whether said property be tangible, or merely held in trust by one for another; in order that the subtle distinctions which have arisen in the classification of said property may be abolished.

=THE GLORIOUS FLAVIUS RECESVINTUS, KING.=

=XIX. Where a Contract is not Complied With, according to its Terms.=

Whenever any person obtains possession of land, vineyards, or any other real estate, under a lease for the tenth part of its annual yield, or for any other payment, or consideration, whether said lease is in writing, or verbal, provided he who leases it does so under some contract for rent, the lessee shall, without demand or solicitation from the lessor, pay his rent regularly; nor shall the right of the landlord to said rent be affected, in any way, should he not do so. For wherever the provisions or covenants of a lease are not fulfilled, the right of the owner shall not be affected; because the controversy has not arisen through the act of the landlord, but through the fraud of the tenant. If the tenant should refuse to fulfil his contract, or to comply with any of its provisions, he shall pay double the amount to the landlord which he agreed to pay him under the terms of the lease. And if the tenant, alleging various pretexts, should not comply with his contract for such a time that the rights of the owner are lost by the limitation of the law, that is, for fifty years, he shall forfeit said property, with all the increase in value of the same resulting from his labors thereon.

TITLE II. CONCERNING THE LIMITATIONS OF FIFTY
AND THIRTY YEARS.

=I.= _After the Lapse of Fifty Years, Neither Goths nor Romans
can Assert a Claim to Property._

=II.= _No Fugitive Slave shall Again be Reduced to Servitude,
after the Lapse of Fifty Years._

=III.= _No Suit at Law shall be Brought Thirty Years After the
Cause of Action has Arisen._

=IV.= _The Limitation of Thirty Years shall Run in all Cases
Excepting those where Slaves of the Crown are Concerned._

=V.= _Concerning Claims made within Thirty Years._

=VI.= _The Limitation of Thirty Years shall not Run while
Persons are Exiled._

=VII.= _Within what Time Slaves Belonging to the Crown can
Again be Reduced to Slavery._

=I. After the Lapse of Fifty Years, Neither Goths nor Romans can Assert a Claim to Property.=

Lands apportioned between Goths and Romans, which have not been claimed within fifty years, can under no circumstances be claimed afterwards.

=II. No Fugitive Slave shall Again be Reduced to Servitude, after the Lapse of Fifty Years.=

Fugitive slaves who have not been found within fifty years, shall not, after that time, be returned to servitude.

=III. No Suit at Law shall be Brought Thirty Years After the Cause of Action has Arisen.=

All suits at law, whether well founded or not, and also all criminal cases, which shall not have been brought or determined in thirty years; or any disputes relating to the ownership or possession of slaves, which have not been settled within that time, shall under no circumstances be prosecuted afterwards. Where any person attempts to bring a suit thirty years after the cause of action has arisen, he shall be barred by the limitation aforesaid, and shall be compelled to give a pound of gold to whomever the king may direct.

=THE GLORIOUS FLAVIUS RECESVINTUS, KING.=

=IV. The Limitation of Thirty Years shall Run in all Cases, Excepting those where the Slaves of the Crown are Concerned.=

Want of care and resolution in an owner often disturbs the rightful possession of property, and what vigilance was not exerted to preserve, illegal license appropriates. The passage of the aforesaid period of thirty years is seen to occur so constantly in human affairs, that now it does not seem to have originated in the institutions of man, but rather to have arisen, in the course of nature, from the affairs themselves; and for this reason, therefore, we hereby decree, for all time hereafter, that if any beneficiary of the king, or any employee of the Crown, except royal slaves, should have held any property belonging to anyone for the space of thirty years, he shall have the right to claim and retain said property for himself, forever; and the demand of no one shall avail against said limitation, after it shall have been legally established.

Royal slaves whose servile origin is publicly known, who are at large, and wandering from place to place, even though they should pay no taxes, and should lie concealed in hiding places, or remain under the protection of any person for the space of thirty years, as aforesaid, shall not thereby escape the restraints of slavery, but shall be restored to their original condition without regard to lapse of time. Those only shall be excepted from the operation of this law who have received their freedom from the king.

=FLAVIUS CHINTASVINTUS, KING.=

=V. Concerning Claims made within Thirty Years.=

Long continued possession frequently transfers the ownership of property from one person to another; for whatever anyone has held for thirty years without molestation, can never be lost through the claims of another. To the end, however, that the rights of claimant as well as those of possessor may be properly protected, we hereby decree that the following law shall be observed by all, to wit: that wherever any property has been held by any person for from twenty-five to thirty years, and another person should claim said property; and the possessor should be notified of said claim either by the judge or the claimant, and should fail to make restitution, or to answer within a reasonable time; or should interpose delay under any pretext; or should assert his claim while the possessor of said property is absent, that is to say, while he is in another province, or in the army; under such circumstances, the judge shall deliver said property into the possession of the claimant in the presence of three witnesses, in order that the limitation of time may not run against said claim. And if the judge should order the property in dispute to be delivered into the possession of the claimant by a bailiff, he shall issue a writ directed to said bailiff, signed by his own hand, and according to the form hereinafter specified; and if there should be other property than that claimed in the place where the latter is situated, in order that no dispute may arise, the doors or gates of the enclosure where said property is situated shall be sealed with the signet of the judge or of the bailiff, and shall remain sealed for eight days; and the claimant shall retain possession of it for only eight days; but he must not waste, spoil, or dispose of said property, in any way, but must care for the same to the best of his ability. After the expiration of that time he must leave the property intact, in the possession of him who originally held it, and no responsibility whatever shall attach to him who had possession of it for the eight days aforesaid. And he himself, or any of his family or descendants, shall have the right to assert their claim to said property, at any time within thirty years from the day when the claimant made the demand as aforesaid. And if said person should not be able to establish the justice of his claim, he shall render satisfaction to the owner of the property, as a person making an unjust demand for something to which he was not entitled. If he should damage said property, or dispose of it, in any way, while in his possession, he shall be compelled to restore fourfold its value; and neither he, nor any of his family or posterity, shall have a right to make any claim for said property at any time thereafter.

We also hereby decree that if the property in dispute should consist of different articles, and should be situated in different places, an order issued by the judge relating to any one of said articles shall have the same force as if it related to all. The form of the order issued by the judge shall be as follows:--

ITEM.

WRIT OF INFORMATION. THE JUDGE TO THE BAILIFF.

We inform you that such-and-such a person claims property in the possession of so-and-so, and we hereby order you to place said property in the possession of said claimant, in the presence of two or three witnesses; to be left in his possession for the space of eight days only, according to the provisions of the law; and if you should find any property to which the seal of the owner thereof is not attached, you will attach your own seal thereto, to remain unbroken for the aforesaid term of eight days, in order to remove all cause of dispute or opportunity for fraud; and none of said property shall be removed by you.

=FLAVIUS RECESVINTUS, KING.=

=VI. The Limitation of Thirty Years shall not Run while Persons are Exiled.=

The more humanity is oppressed by misfortune, the more we should provide by our clemency for the evils with which it is afflicted. Wherefore, whenever any person of noble rank, or any freeman, or even a slave, is confined in prison, or sent into exile, by order of the king; and should afterwards be liberated, or pardoned, and return to his country, and anyone should have claimed any of his property during his absence; the time which he passed in confinement or exile shall not be counted as a part of the thirty or fifty year limitation barring a claim, or action at law; but the time during which he was imprisoned, or absent from the country, and unable to assert his rights, shall be excepted from the period of limitation aforesaid. In all other cases the laws which have already established periods of limitation relating to claims and actions at law, shall remain in force hereafter.

=FLAVIUS EGICA, KING.=

=VII. Within what Time Slaves Belonging to the Crown can Again be Reduced to Slavery.=

We hereby repeal the former law by which slaves belonging to the Crown could be reduced to their former condition of servitude, without consideration of the lapse of time, and, in the place thereof, issue the following decree, to wit: that whoever has had in his possession any slaves of the Crown for the space of thirty years, and said slaves have not been transferred to the possession of any other person during that time; or if any such slaves should wander from place to place, without paying any tax for the space of fifty years; said slaves shall under no circumstances be reclaimed by the Crown. But those persons under whose control such slaves were, for either the thirty or the fifty year period aforesaid, must make suitable compensation for their services to the royal treasury; to the end that one and the same law may prevail concerning the slaves of both prince and people.

TITLE III. CONCERNING BOUNDARIES AND LANDMARKS.

=I.= _How Boundaries and Landmarks shall be Preserved._

=II.= _Concerning the Destruction and Removal of Landmarks._

=III.= _What is to be Done when a Dispute Arises Concerning
Boundaries._

=IV.= _Where One Person makes a Claim to Land Included within
the Boundaries of Another._

=V.= _Where any Change was made in the Boundaries of Land
During the Time of the Romans, no Claim Based upon Other
Boundaries shall Prevail._

=I. How Boundaries and Landmarks shall be Preserved.=

We hereby decree that all ancient landmarks and boundaries shall stand as established in former times, and that they shall not be disturbed or removed.

=II. Concerning the Destruction and Removal of Landmarks.=

Whoever levels any landmarks for the purpose of travel, or dares to remove any established landmarks, for every landmark so fraudulently disturbed, if he is a freeman, he shall pay twenty _solidi_; and if he is a slave he shall receive fifty lashes, and shall restore said landmark. If any person while plowing land, or planting a vineyard, should involuntarily disturb a landmark, he shall restore the same in the presence of the neighbors, and shall not, thereafter, be liable to any damage or penalty for removing the same.

=III. What is to be Done when a Dispute Arises Concerning Boundaries.=

Whenever a dispute arises concerning the boundaries of land, search shall be made for the old landmarks; that is to say, the mounds of earth, or squared stones, which, in ancient times, were made or placed in order to define the boundaries of lands; or for any stones which have been buried, and are carved to show that they were intended as landmarks. Should any of said landmarks be wanting, search must then be made for such trees as might have been marked in former times, to define the boundaries between different tracts of land.

=THE GLORIOUS FLAVIUS RECESVINTUS, KING.=

=IV. Where One Person makes a Claim to Land Included within the Boundaries of Another.=

Where anyone inherits or acquires land within the boundaries of another person, or, during the absence, or without the knowledge of the owner of the same, obtains possession of such land for a long period of time, or for more than the term of fifty years, even though his occupation of said property was public and notorious, he shall have no permanent title thereto; and as soon as the boundaries of said land shall have been established by the discovery of the ancient landmarks, by persons appointed to find the same, he shall restore said land so appropriated to the owner thereof. Nor shall any obligation of the owner, nor undisputed possession for a long period of time, avail against the ancient landmarks, when they are discovered. But it must be proved, if it can be ascertained, whether said land was acquired by one of the contesting parties or by the ancestors of either of them; for if such time should have elapsed that neither of said parties, nor any of their ancestors, knew who first obtained the title to or possession of said property, and the party in possession is unable to show by an instrument in writing, or by witnesses, whence the title to said premises was derived, because the fact of original possession is in doubt; whoever of said claimants is in possession of said land at the time shall have an irrevocable right to retain it. Where, however, one person seems to have been in possession of said land without the other claimant asserting any right to the same, and such possession shall be public, and apparently established by existing landmarks, and no evidence of fraud be disclosed; it is not reasonable that the title of the owner should be lost by reason of its occupation for a protracted period by another.

Where one person has obtained possession of land by force or fraud, this shall in no wise affect the rights of another claimant. If, however, one person should attempt to gain possession of property occupied by another, not through fraud or insolence, but by a judicial proceeding, if his claim is just, he shall be entitled to possession of said property. But if, unknown to the owner, he should unexpectedly attempt to gain possession of the land of the latter, the owner of the same shall have the right to accuse him of being a trespasser with violence, and, by legal proceedings, compel him to surrender said property.

=V. Where any Change was made in the Boundaries of Land During the Time of the Romans, no Claim Based upon Other Boundaries shall Prevail.=

Where real property, in which any person claims an interest, was disposed of before the coming of the Goths, and was transferred to the possession of another party either by sale, donation, partition, or any other transaction, whatever title or right to said property shall be proved to have been formerly conveyed by the Romans shall remain inviolable. But where a title to real property cannot be established by any certain landmarks or boundaries, the following proceeding must be observed, to wit: an examination of the premises must be made by persons selected by the consent of all parties; and the judge, for his own information, shall cause the oldest residents of the neighborhood to be sworn, that they will, without fraud, show where the boundaries of the land in question are situated; and no one shall establish a new boundary without the presence of the other party, or in the absence of one of the inspectors appointed by common consent, as aforesaid. If a freeman should violate this provision, he shall be liable for the penalty of forcible entry, as prescribed by law. Where a slave commits this offence, without the knowledge of his master, he shall receive two hundred lashes in public, but his master shall incur no liability for his act.[50]