1Paulus, On Sabinus, Book IX. Where trees are cut down by stealth, Labeo says that an action should be granted under the Aquilian Law, as well as under the Law of the Twelve Tables. Trebatius, however, holds that both actions should be granted in such a way that the court, in rendering a decision in the second action, should deduct the amount recovered in the first, and give judgment for the remainder.

2Gaius, On the Law of the Twelve Tables, Book I. It should be remembered that those who cut down trees, and especially vines, are also punished as thieves.

3Ulpianus, On Sabinus, Book XLII. The larger number of ancient authorities held that vines were included in the term “trees.” 1Ivy, as well as reeds, are not improperly styled trees. 2The same may be said to apply to willows. 3But when anyone, for the purpose of planting willows, has inserted branches into the ground, and these are cut down or torn up, before they have taken root, Pomponius very properly says that the action for cutting down trees cannot be brought, as that cannot properly be called a tree which has not yet become rooted. 4If anyone removes a tree from a nursery, that is to say, with its roots, although it may not yet have taken hold of the soil, Pomponius, in the Nineteenth Book on Sabinus, says that it should be considered a tree. 5Therefore, that also may be considered a tree whose roots have ceased to live, 5aalthough it still remains in the earth. This opinion is also adopted by Labeo. 6Labeo thinks that a tree can properly be so called which, having been torn out by the roots, cannot be replaced, or which has been removed in such a way that this can be done. 7Olive sprouts should be considered trees, whether they have thrown out roots or not. 8An action, therefore, can be brought on account of all the trees which we have above enumerated.

4Gaius, On the Law of the Twelve Tables. It certainly cannot be doubted that, where a sprout is still so small as to resemble a blade of grass, it should not be included in the number of trees.

5Paulus, On Sabinus, Book IX. To cut down is not merely to cut, but to cut with the intention of felling; to girdle is to remove the bark; to cut away is to cut underneath; for one cannot be understood to have cut down a tree who has divided it with a saw. 1In this proceeding the cause of action is the same as in that under the Aquilian Law. 2He who has the usufruct in the land cannot bring this suit. He who has leased land belonging to the State can bring this suit, just as he can the action for taking care of rain-water and the one to establish boundaries.

6Pomponius, On Sabinus, Book XX. Where several persons have cut down the same tree by stealth, the action can be brought against each one of them for the entire amount. 1When, however, the same tree belongs to several persons, the penalty can only be collected once by all of them together. 2Where a tree has extended its roots into the soil of a neighbor, the latter cannot cut them off, but he can bring an action to show that the tree does not belong to him; just as he can do if a beam, or a projecting roof extends over his premises. When a tree is nourished by roots in the soil of a neighbor it, nevertheless, belongs to him from whose land it derives its origin.

7Ulpianus, On the Edict, Book XXXVIII. Trees are considered to have been cut by stealth when they are felled without the knowledge of the owner, and with the intention of concealing it from him. 1Pedius says, that this action is not one of theft, as it is possible for a person to cut down trees by stealth without the intention of committing theft. 2If anyone should tear out a tree by its roots or extirpate it, he will not be liable to this action, for he did not cut it down, or cut it away, or cut it off. He will, however, be liable under the Aquilian Law for having broken it. 3Even if the entire tree has not been cut down, the action will properly be brought as if it had been cut down. 4A person will be liable under this action whether he girdles, cuts off, or cuts down trees with his own hands, or whether he orders his slave to do so. The same rule applies when he gives such an order to a freeman. 5When a master did not order his slave, but the latter committed the act voluntarily, Sabinus says that a noxal action will lie, as in other offences. This opinion is correct. 6This action, although it is a penal one, is perpetual, and is not granted against an heir, but it will be granted in favor of an heir and other successors. 7Judgment in a case of this kind includes double damages.

8Paulus, On the Edict, Book XXXIX. In computing the amount of the interest of the owner in not having the damage committed, the value of the trees themselves should be deducted, and an appraisement made of what remains. 1Whoever cuts down a tree clandestinely cuts it down by stealth. 2Therefore, if he should cut and remove it for the purpose of profiting by it, he will be liable for the theft of the wood, and also to a personal action, as well as to one for the production of property. 3Anyone who, with the knowledge of the owner, cuts down a tree by violence, is not liable to this action.

9Gaius, On the Provincial Edict, Book XIII. When a tenant cuts down trees, suit can be brought against him under the lease; but it is clear that the plaintiff should be content with a single action.

10Julianus, On Minicius, Book III. Where there are two parts of one tree, and they are united above the ground, they are regarded as a single tree. But if the point of union is not visible, there are as many trees as there are trunks above the surface.

11Paulus, On the Edict, Book XXII. Where, however, proceedings have been brought under the Aquilian Law for trees cut down, and judgment under the interdict Quod vi aut clam has been rendered, the defendant will be discharged, if, under the first decision, he has made a sufficient payment; but suit under the Law of the Twelve Tables can still be brought.

12Javolenus, On Cassius, Book XV. Anyone who sells a field, can, nevertheless, bring an action for the cutting of trees before the sale has been concluded.