Please note that Mommsen uses the AUC chronology (Ab Urbe Condita), i.e. from the founding of the City of Rome. You can use this reference table to have the B.C. dates
Under what circumstances during this epoch theft was regarded as
at all expiable, and what in such an event the person injured was
entitled to demand from the thief, cannot be ascertained.
But
the injured party with reason demanded heavier compensation from
a thief caught in the very act than from one detected afterwards,
since the feeling of exasperation which had to be appeased was more
vehement in the case of the former than in that of the latter.
If
the theft appeared incapable of expiation, or if the thief was not
in a position to pay the value demanded by the injured party and
approved by the judge, he was by the judge assigned as a bondsman
to the person from whom he had stolen.