especially if it is sued civilly, and in the actio iniuriarum persons of rank may sue  by a procurator, as in C. 3, qu. 9, c. 18 and C. 126.96.36.199 To the extent that it is  penal an action does not lie against heirs and the like, save to the extent that something  accrues to them.24 If an action is brought against an infant or a lunatic they  are not liable in damages save to the extent that something accrues to them, as  above, since they lack animus, [that is], unless the infant is capable of perceiving  the wrongful character of his act.>25
Of the threefold action for things taken by force.
 26A civil action is sometimes triplex, personal, penal and recuperatory,27[and  quasi-mixed,28 that a corporeal and immovable thing be restored to the person  despoiled and29 that an incorporeal thing, as a right, be restored to its proper state,  as may be said of servitudes, of a right of way or carriage, common of pasture and the  like, [for] all of these may be determined by a single action, as by the assise of  novel disseisin, [as] different kinds of disseisins.]30 as [the action] for the restoration  of those despoiled. It is personal because, [to the extent that it is penal,] it lies only  for the disseisee against the disseisor, and only against the disseisor if the disseisee  is alive.31 It is also penal, because of the delict, because wrongfully and without  judgment, and [because] to the extent that it is penal it is extinguished by the death  of one or both. It is also recuperatory, [sometimes recuperatory only and not penal,  as to those who are free of the delict of disseisin, for he who is without fault ought not  to suffer punishment,32 as will be explained below [in the portion] on the assise of  novel disseisin.]3334From one wrongful act several penal actions may arise in a civil  cause, and lie for one or several against one or several, and all may well be brought at  the same time when they are not contradictory or prejudicial or repugnant to one  another,3536[as where one having no right in another's land, nor any servitude over  it, raises an embankment upon it without the consent of the lord. From this act  several actions may lie for the lord, namely, the assise of novel disseisin for a free  tenement, since he has built a new work on another's land and has thus abridged it  against its owner's will. A second action may also be available to him, that the  embankment was raised to the nuisance of his free tenement, because a road may be  obstructed by the embankment. A third may also lie,