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]