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EMTIO.’ET VENDITIO.
take legal measures for recovering the possession. (Dig. 6. tit. 3, and 39. tit. 4 ; Cod. 4. tit. 66 ; Inst. 3. tit. 24 (25) ; Mtihlenbruch, Doctrina Pan- dectarum ; Savigny, Des Reckt des Besitzes, p. 99, &c. p. 180 ; Mackeldey, Lehrbuch, &c. § 295, &c. § 384, 12thed.) [G. L.]
EMPORIUM (rb ejU/n-Jproz/), a place for wholesale trade in commodities carried by sea. The name is sometimes applied to a sea-port town, but it properly signifies only a particular place in such a town. Thus Amphitryo says (Plaut, AmpJi. iv. ]. 4) that he looked for a person.
" Apud emporium^ atque in macello, in palaestra
atque in foro, In medicinis, in tonstrinis, apud omnis aedis
sacras."
(Compare Liv. xxxv. 10, xli. 27.) The word is derived from e/x,7ropos, which signifies in Homer a person who sails as a passenger in a ship belonging to another person (Od. ii. 319, xxiv. 300) ; but in later writers it signifies the merchant who carries on commerce with foreign countries, and differs from /caTT^Aos, the retail dealer, who purchases his goods from the e’jUTropos- and retails them in the market-place. (Plat. De Rep. ii. p. 371.)
At Athens, it is said {Lex. Seg. p. 208) that there were two kinds of emporia, one for foreigners and the other for natives (j^eviKov and acm/co^) ; but this appears doubtful. (Bockh, Publ. Econ. of Athens., p. 313, 2nd ed.) The emporium at Athens was under the inspection of certain officers, who were elected annually (eTrtyteA^Tai tov epiropiov).
[EPIMELETAE, No. 3.]
EMPTI ET VENDITI ACTIO. The seller has an actio venditi, and the buyer has an actio empti, upon the contract of sale and purchase. Both of them are actiones directae, and their object is to obtain the fulfilment of the obligations resulting from the contract. (Dig. 19. tit. 1.) [G. L.]
EMPTIO ET VENDITIO. The contract of buying and selling is one of those which the Romans called ex consensu, because nothing more was required than the consent of the parties to the contract. (Gaius, iii. 135, &c.) It consists in the buyer agreeing to give a certain sum of money to the seller, and the seller agreeing to give to the buyer some certain thing for his money ; and the contract is complete as soon as both parties have agreed about the thing that is to be sold and about the price. No writing is required, unless it be part of the contract that it shall not be complete till it is reduced to writing. (Dig. 44. tit. 7. s. 2; Inst. 3. tit. 23.) After the agreement is made, the buyer is bound to pay his moneys even if the thing which is the object of purchase should be accidentally destroyed before it is delivered ; and the seller must deliver the thing with all its intermediate increase. The purchaser does not obtain the ownership of the thing till it has been delivered to him, and till he has paid the purchase money, unless the thing is sold on credit. (Dig. 19. tit. 1. s. 11, § 2.) If he does not pay the purchase money at the time when it is due, he must pay interest on it. The seller must also warrant a good title to the purchase [EviCTio], and he must also warrant that the thing has no concealed defects, and that it has all the good qualities which he (the seller) attributes to it. It was with a view to check frauds in sales, and especially in the sales of slaves, that the seller was obliged by the edict of the curule aediles
459
ENDEIXIS.
[edicttjm] to inform the buyer of the defects of any slave offered for sale : " Qui mancipia vendunt, certiores faciant emptores quod morbi vitiique," &c. (Dig. 21. tit. 1.) In reference to this part of the law, in addition to the usual action arising from the contract, the buyer had against the seller, ac cording to the circumstances, an actio ex stipulatu, redhibitoria, and quanti minoris. Horace, in his Satires (ii. 3. 286), and in the beginning of the second epistle of the second book, alludes to the precautions to be taken by the buyer and seller of a slave. [G.L.]
ENCAUSTICA. [pictura, No. 7.]
ENCLEMA (gyKXij/Aa). [DiKE.]
ENCTESIS (eyK-rrjcris), the right of possessing landed property and houses (eyKTV)<ns yys Kai 04/aas) in a foreign country, which was frequently granted by one Greek state to another, or to se parate individuals of another state. (Dem. De Cor. p. 265. 7 ; Bockh, Corp. Inscript. vol. i. p. 725.) 5E7/CT’/7JuaTa were such possessions in a foreign country, and are opposed by Demosthenes (D& Halon. p. 87. 7) to /cr^yuara, possessions in one’s own country. (Valcken. ad Herod, v. 23.) The term eyKr^^ara was also applied to the landed property or houses which an Athenian possessed in a different 8%os from that to which he belonged by birth, and with respect to such property he was called ey/ce/cr^/x.e^os’: whence we find De mosthenes (c. Polycl. p. 1208. 27) speaking of ol df]tu6rai Kal ol zyKeKTy/Jitvoi. For the right of holding property in a st^os to which he did not belong, he had to pay such st^os a tax, which is mentioned in inscriptions under the name of 67- KT7]TiK6v. (Bockh, PuU. Econ. of Athens, p. 297, 2nd ed.)
ENDEIXIS (eV&£i£is), properly denotes a prosecution instituted against such persons as were alleged to have exercised rights or held offices while labouring under a peculiar disqualification. Among these are to be reckoned state debtors, who during their liability sate in court as dicasts, or took any other part in public life ; exiles, who had returned clandestinely to Athens ; those that visited holy places after a conviction for impiety (acregcia) ; and all such as having incurred a partial disfranchise-ment (art/xta Kara 7rpocrTa£tz/) presumed to exercise their forbidden functions as before their condemnation. Besides these, however, the same form of action was available against the chairman of the proedri (eTTicrrar^s), who wrongly refused to take the votes of the people in the assembly (Plat. Apol. p. 32) ; against malefactors, especially murderers (which Schomann thinks was probably the course pursued when the time for an apagoge had been suffered to elapse) ; traitors, ambassadors accused of malversation (Isocrat. c. Callim. 11) ; and persons who furnished supplies to the enemy during war. (Aristoph. Equit. 278 ; Andoc. De Reditu^ 82.) The first step taken by the prosecutor was to lay his information in writing, also called endeixis, before the proper magistrate, who might be the arclion or king archon, or one of the thesmothetae, according to the subject-matter of the information ; but in the case of a malefactor (icaicovpyos’) being the accused person, the Eleven were the officers applied to. It then became the duty of the magistrate to arrest, or hold to bail, the person criminated, and take the usual steps for bringing him to trial. There is great obscurity aa to the result of condemnation in a prosecution of
