13. EXTORTION WITH MENACES
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BOOK FORTY-SEVEN/CATTLE THIEVES 301 6 JULIAN, Digest, book 10: The action for violation of a tomb is given in the first place to the person who has an interest in it. Failing him, if someone else shall have brought the action, then, even though the person best entitled has been away on state business , he will not be given the action over again, on his return, against one who has been condemned in damages. And the person who was away on state service should not be regarded as suffering a disadvantage through this, because this action pertains not to his family affairs but rather to punishment. 7 MARCIAN, Institutes, book 3: It is forbidden to let tombs deteriorate; but it is permissible to rebuild a monument which has fallen in but without touching the corpses. 8 MACER, Public Prosecutions, book I : The offense of violating a tomb can be said to come under the Iex Julia de vi publica, falling within that part of the statute wherein it is provided that nothing shall be done to prevent a person being buried and entombed ; for one who violates a tomb does prevent the occupant from being entombed. 9 MACER, Public Prosecutions, book 2: In respect of a violated tomb, an action for pecuniary damages is also given. 10 PAPINIAN, Questions, book 8: The question was asked whether the action for the violation of a tomb lay to a heres necessarius who did not concern himself with the estate. I said that he could properly bring this action which derives from what is good and right. For even if he does take proceedings, he will not be in fear of creditors of the estate since, although this action comes with the inheritance, it is not acquired through the will of the deceased, nor does it lie for the recovery of a thing, but it is directed simply to punishment. 1 1 PAUL,Views, book 5: Those guilty of violating tombs, if they remove the bodies or scatter the bones, will suffer the supreme penalty if they be of the lower orders; if they be more reputable, they are deported to an island. Otherwise, the latter will be relegated and the former condemned to the mines. 13 EXTORTION WITH MENACES 1 ULPIAN, Opinions, book 5: If extortion occurs on the pretended order of the governor , the governor of the province will order the return of what has been obtained and will punish the wrong. 2 MACER, Public Prosecutions, book 1:The process for extortion is not public; but if a person receive money because he has threatened to accuse someone, there can be a public prosecution under the senatus consulta which extend the penalty of the lex Cornelia to those who conspire to accuse the innocent or who accept money for laying or refraining from accusation or for giving or not giving evidence. 14 CATTLE THIEVES 1 ULPIAN, Duties o f Proconsul, book 8: On the punishment of cattle thieves, the deified Hadrian sent the following rescript to the council of Baetica: "Since cattle thieves are to be most severely punished, they are usually condemned to death. But condign BOOK FORTY-SEVEN /CATTLE THIEVES 301 6 JULIAN, Digest, book 10: The action for violation of a tomb is given in the first place to the person who has an interest in it. Failing him, if someone else shall have brought the action, then, even though the person best entitled has been away on state business , he will not be given the action over again, on his return, against one who has been condemned in damages. And the person who was away on state service should not be regarded as suffering a disadvantage through this, because this action pertains not to his family affairs but rather to punishment. 7 MARCIAN, Institutes, book 3: It is forbidden to let tombs deteriorate; but it is permissible to rebuild a monument which has fallen in but without touching the corpses. 8 MACER, Public Prosecutions, book 1: The offense of violating a tomb can be said to come under the lex Julia de vi publica, falling within that part of the statute wherein it is provided that nothing shall be done to prevent a person being buried and entombed ; for one who violates a tomb does prevent the occupant from being entombed. 9 MACER, Public Prosecutions, book 2: In respect of a violated tomb, an action for pecuniary damages is also given. 10 PAPINIAN, Questions, book...


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