noxal

• “With the growth of humane sentiment, the noxal action in the case of children was abolished.”

  The Catholic Encyclopedia, Volume 9: Laprade-Mass Liturgy

• “Damage to the property of another injuria datum was the subject matter of the Aquilian Law, and the damage must have been inflicted by a freedman; if by a slave, it was a noxal tort; if by a quadruped, the tort and liability were designated pauperies.”

  The Catholic Encyclopedia, Volume 9: Laprade-Mass Liturgy

• “Here, unless on such order the defendant satisfies the plaintiff's claim by restoring or producing the property, or by performing his obligation, or in a noxal action by surrendering the guilty slave, he ought to be condemned.”

  The Institutes of Justinian

• “Conversely, a direct action may change into noxal; thus, in an independent person has done a wrong, and then becomes your slave (as he may in several ways described in the first Book), a noxal action lies against you in lieu of the direct action which previously lay against the wrongdoer in person.”

  The Institutes of Justinian

• “Accordingly, such noxal actions are permitted only where the wrongdoer is a slave, and indeed we find it often laid down by old legal writers that sons in power may be sued personally for their own delicts.”

  The Institutes of Justinian

• “Thus, if your slave does a wrong while in your power, an action lies against you; if he becomes the property of some other person, that other is the proper person to be sued; and if he is manumitted, he becomes directly and personally liable, and the noxal action is extinguished.”

  The Institutes of Justinian

• “Where a delict, such as theft, robbery, unlawful damages, or outrage, is committed by a slave, a noxal action lies against the master, who on being condemned has the option of paying the damages awarded, or surrendering the slave in satisfaction of the injury.”

  The Institutes of Justinian

• “A noxal action was granted by the statute of the Twelve Tables in cases of mischief done through wantonness, passion, or ferocity, by irrational animals; it being by an enactment of that statute provided, that if the owner of such an animal is ready to surrender it as compensation for the damage, he shall thereby be released from all liability.”

  The Institutes of Justinian

• “/2/If a pack-mule threw off his burden upon a passer-by because he had been improperly overloaded, or a dog which might have been restrained escaped from his master and bit any one, the old noxal action, as it was called, gave way to an action under the new law to enforce”

  The Common Law

• “If a paterfamilias commits a tort, and then is adopted or becomes a slave, a noxal action now lies against his master in place of the direct one against himself as the wrong-doer.”

  The Common Law

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