6. IF A FAMILY OF SLAVES BE SAID TO HAVE COMMITTED THEFT
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BOOK FORTY-SEVEN/THEFT BY A FAMILY O F SLAVES 275 the original plaintiff and any other of his successors. 19. If several slaves are given their liberty and do something dolosely, each is separately liable in full, that is, for twofold. And, since they are sued in delict, then, as in theft, none is released by the fact that one has been sued and has paid. 2 GAIUS,Provincial Edict, book 13: If the slave, somewhat before he achieves his destined liberty, remove or destroy something, the owner, unaware thereof, does not have this action. Hence, in particular, although an heir does not know that something has been taken or destroyed by a statuliber or if the same be the case with any other owner in respect of his slave, he can invoke no action after the slave's becoming free, even though, in many other circumstances, pardonable ignorance merits condonation. 3 ULPIAN,Edict, book 13: Labeo was of opinion that where a slave conditionally manumitted took something, if the condition were speedily realized, the malefactor could be sued by this action. 5 THE ACTION FOR THEFT AGAINST SHIPS' MASTERS, INNKEEPERS, AND LIVERYMEN 1 ULPIAN,Edict, book 38: If a theft be said to have been committed by those who operate ships, inns, or livery stables or by anyone whom they have on their ship or premises, an action will be given, whether the theft be committed by the act and intent of the shipper or of those who were on the ship to sail her. 1. This last we must take to include those aboard for the ship to run, that is, the crew. 2. The action is for twofold. 3. When something be lost at an inn or on a ship, the shipper or the innkeeper is bound by the praetor's edict so that it is in the power of the victim of the theft, as he chooses, to go against the shipper at praetorian law or to bring the civil law action against the actual thief. 4. But if the innkeeper or the ship's master has guaranteed the safety of the goods, it is he and not the owner of the stolen thing who will have the civil action for theft because, by his guarantee, he incurs the risk of safekeeping . 5. But where the shipper is sued in respect of a slave, he can absolve himself by surrenderingthe slave noxally. Now why is the shipper not condemned personally since he allows so evil a slave on his ship?And why, if he be fully liable for theft by a free member of the crew, is he not liable also for a slave? The reason must be that in engaging a freeman, it is for him to weigh up what manner of man he is, but in the case of his own slave, such evaluation by him may be waived, as for an offense ashore, if he be prepared to surrender the slave noxally. If, though, someone else's slave is involved, he will be liable as for a freeman. 6. The innkeeper is answerable for the deeds of those whom he has in the inn to run the establishment as also of those who reside in the inn; he is not answerable for the acts of passing travelers. For an innkeeper or liveryman is not regarded as choosing his own traveler and cannot refuse those making a journey; but in a way, the innkeeper does select his permanent residents , since he does not reject them, and so should be answerable for what they do. In the case of a ship, there is no liability for the acts of passengers. 6 IF A FAMILY OF SLAVES BE SAID TO HAVE COMMITTED THEFT 1 ULPIAN,Edict, book 38: The praetor propounded a most valuable edict whereby to safeguard masters against the delicts of their slaves, namely that if several commit a BOOK FORTY-SEVEN /THEFT BY A FAMILY OF SLAVES 275 the original plaintiff and any other of his successors. 19. If several slaves are given their liberty and do something dolosely, each is separately liable in full, that is, for twofold. And, since they are sued in delict, then, as in theft, none is released by the fact that one has been sued and has paid. 2 GAlUS, Provincial Edict, book 13: If the slave, somewhat before he achieves his destined liberty, remove or destroy something, the owner, unaware thereof, does not have this...