[POMPONIUS libro septimo decimo ad Quintum Mucium. ] §9.2.39.prQuintus Mucius scribit: equa cum in alieno pasceretur, in cogendo quod praegnas erat eiecit: quaerebatur, dominus eius possetne cum eo qui coegisset lege Aquilia agere, quia equam in iciendo ruperat.
[POMPONIUS, in the seventeenth book on Quintus Mucius.] Quintus Mucius writes: when a mare was grazing on another's land, she aborted in the process of being driven off because she was pregnant. The question was raised whether her owner could bring an action under the Lex Aquilia against the person who had driven her off, because he had injured the mare by striking her.
si percussisset aut consulto uehementius egisset, uisum est agere posse.
If he had struck her or had deliberately driven her off too violently, it was held that the action could be brought.
§9.2.39.1POMPONIUS. Quamuis alienum pecus in agro suo quis deprehendit, sic illud expellere debet, quomodo si suum deprehendisset, quoniam si quid ex ea re damnum cepit, habet proprias actiones.
POMPONIUS. Although someone finds another's beast on his own land, he must drive it out in the same manner as if he had found his own, since if he has suffered any damage from that circumstance, he has his own proper actions.
itaque qui pecus alienum in agro suo deprehenderit, non iure id includit, nec agere illud aliter debet quam ut supra diximus quasi suum: sed uel abigere debet sine damno uel admonere dominum, ut suum recipiat.
Therefore, he who finds another's beast on his own land does not lawfully shut it up, nor must he drive it in any other way than, as we said above, as if it were his own; but he must either drive it away without causing damage or warn the owner to take his property back.