9. FIRE, COLLAPSE OF BUILDINGS, SHIPWRECK, RAFT, AND SHIP TAKEN BY STORM
In lieu of an abstract, here is a brief excerpt of the content:

282 BOOK FORTY-SEVENIFIRE, SHIPWRECK person in a defective state, shattered, perhaps, or broken. 11. This is an actio in factum for double the value of the thing, meaning its real value; the assessment is as at the time of judgment and, within the year, is always for twofold. 12. The plaintiff must establish that loss was inflicted on him in a tumult, and if it occurred elsewhere, the action will not lie. 13. If, when Titius belabored my slave, a tumult gathered and, in the disturbance, the slave lost something, I could proceed against Titius because the loss was deliberately inflicted in a tumult; that applies where the beating began for the inflicting of loss. If there were any other reason for the thrashing, the action would not lie. 14. If a man himself convoked the tumult so that in its presence he might flog the slave with a view to insult not to causing loss, the edict applies. For it is true that he, who flogs to affront, acts deliberately and he, who gives occasion for the causing of loss, himself inflicts it. 15. The praetor gives the action against the owner in respect of his slave or the household of them. 16. What was said earlier, in connection with the action for things taken by force, may be repeated here. 5 GAIUS,Provincial Edict, book 21: It does not avail a robber, in order to evade the penalty, that he restores the thing before action. 6 VENULEIUS, Stipulations, book 17: The statute prohibits the usucapion of something seized or forcibly taken before it has returned into its owner's control. FIRE, COLLAPSE OF BUILDINGS, SHIPWRECK, RAFT, AND SHIP TAKEN BY STORM 1 ULPIAN,Edict, book 56: The praetor says: "If a man be said to have looted or wrongfully received anything from a fire, a building that has collapsed, a wreck, or a stormed raft or ship or to have inflicted any loss on such things, I will give against him an action for fourfold in the year when proceedings could first be taken on the matter and, after the year, for the value. I will likewise give an action against a slave or household of slaves." 1. If it be indeed in the public interest that nothing should be looted from these disasters, the utility of this edict is patent and its severity most proper. And although there be criminal prosecutions arising from these crimes, the praetor is nonetheless right in propounding civil actions for such offenses. 2. How are we to interpret "from a fire"; is it the actual fire or the place where the fire breaks out? The better interpretation is "on account of a fire," that is, the looting takes place by reason of the confusion and alarm caused by a fire; in the same way, we speak of something lost in war, meaning lost by reason of the war. So also, if anything be pillaged from land adjacent to the scene of the fire, it must be said that the edict is operative; for it is true that the seizure arises out of the fire. 3. In similar manner, the term "collapse of buildings" refers to the time when the destruction occurs and covers seizure by someone not only from the building which comes down but also from adjacent premises . 4. If there be a suspicion of a fire or a collapse which does not actually happen, let us see whether this comes within the scope of the edict. The better view is that it does not, for nothing is seized from either a fire or a collapse. 5. The praetor also says: "if anything from a shipwreck." Here one may ask whether this concerns someone who takes something at the time of the wreck or also one who takes at another time, that is, after the wreck; for things are said to come from a wreck which lie on the shore after the wreck. The better view is that the edict applies to the time 282 BOOK FORTY-SEVEN /FIRE, SI-IIPWRECK person in a defective state, shattered, perhaps, or broken. 11. This is an actio in factum for double the value of the thing, meaning its real value; the assessment is as at the time of judgment and, within the year, is always for twofold. 12. The plaintiff must establish that loss was inflicted on him in a tumult, and if it occurred elsewhere, the action will not lie. 13...