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76
THE LAW OF THE WE8TGOTH8.
shall be set for him, who gave security, and hold it for him, who has the horse
in his possession.
1. A stolen animal shall be led to the third seller, l) From the third seller
he shall redeem his property, or swear with twelfthoath and two men’s
testimony "that it was born at home and there sipped and sucked milk out of
mother’s udder, and I own and thou not." Dares he not swear thus, then he
shall go forward, who has recognized his property and swear with
twelfth-oath and two witnesses, that "this animal was stolen from me, and nowhere
did I recognize it before here, and I own and thou not."
9.
A man finds his animal on the public road, then shall he, who has it in his
possession, obtain for it road security 2) from those living near, for seven
nights to house and home. Then he shall come after, who has recognized his
own. He shall then ask sequestration security 8) for it from a property owner.
He places it in security as stolen property, then shall the other redeem it there,
where it is found, unless he takes the oath of homeborn.*) The one who has
the sequestered animal, shall bring it forth. Is it not brought forth, then
sequestration has not been lawfully performed, and he is liable to a fine of
three sixteenörtugs or defend himself with twelfthoath and two men’s
testimony.
10.
A man recognizes his animal in the possession of another man. This one,
who has it in his possession, claims to have borrowed it, then he, who claims
to own, shall go after it and ask security for it from him, who has it in his
possession. He can not refuse without incriminating himself. Does he sequester
for robbery, then the other one shall redeem it, where he finds the same, or
defend it as homeborn. A seventh-night-thing shall be set for it, to redeem
with lawful witnesses, if the former does not complete legal defense for it.
1) E>ripi sali: Third seller. The third possessor counted from him, who now
had the animal in his care, and who was called the first seller. The second
seller was he, with whom the animal was found, and the third seller was the one
from whom the second seller said, that he had bought the animal.
2) Brötær tak: Roadsecurity. A person’s security for, that something found
on the public road should after seven days be produced at his home.
8) Kvarsætu tak: Sequestration security. Security given, where someone
found something with another, that had been stolen from him (the finder) and
a third person became responsible for, that it should be brought forth at the
thing.
4) Fylsvat: An oath to prove, that the animal had been born and raised
at someone’s home or farm.
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