Page:Black's Law Dictionary (Second Edition).djvu/430

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cial employment, It is understood to mean some permanent employment or position.” The word is more extensive than "clerk" or “ol:hcer." It signifies any one in place, or having charge or using a function, as iveli as one in office See Ritter v. Slate. 111 Ind. 324. 12 N. E. 501: Palmer v. Van Siintvoord, 153 N. Y. 612. 47 N. E. 915, 38 L. R. A. 402: 1<‘ii(-Ii Co. v. N-oifoik & 0. v. R. Co., 86 Fed. 738, 32 C. C. A. 31: People v. Bo-irrl of Pa- lice. 75 N Y. 38: Finance Co v. Charleston. C. & C. It. Cu. (O. G.) 52 Fed. 527: State v Sarils. 135 Ind. 195, 34 N. E. 1129: Hopkins v. Cromwell, S9 App. Div. 481. 85 N. Y. Supp. 839.

EMPLOYER. One who employs the serv- lces of others-_ one for whom einplovees work and who pnys their \‘i'i|£‘(-ES or salaries. —EmpIoyers' liability acts. Statutes defining or limiting the orcnsions and the extent to uhicb cmplovi-rs shall be ll£\I)ll= in damages for injuries to their employees occurring: in the courso of the eniplmmi-nt nnil particiiliirly (in recent umesl aliolishing the common-law riil_e that the employer is not lizihie if the injury is caused by the fault or negligence of a fellow sennnt.

EMPLOYMENT. This word does not necessarily import an engagement or rendering services for another. A person may as well be "employed" about his own business as in the transaction of the some for a pricnipal. State v. Canton, 43 Mo. 51.

EMPORIUM. A place for wholesale trade in coniinodlties carried by sen. The name is sometimes npplied to a seaport town. but it properly signifies only a particular pliice in such a town. Smith, Dldt. Antlq.

El\J.PRI-JSARIOS. In Mexican law. UndEI'TflliEI‘S or promoters of extensive enterpiises, aided by concessions or monopolistic grants from government; particularly. persons rei.-eiring extensive land grants in consideniticn of their hringing emigrants Into the country and settling lheni on the lands, with a view of llll'l‘etlSlllg the population and deveioping the resources of the country. U. S. v. Ma. ell Land-Grant Co.. 121 U. S. 325, 7 Sup. Ct. 1015, 30 L. Ed. 9-10.

EMPRESTITO. In Spanish low. A loan. Something lent to the borrower at his re- quest. Lns Partiilas, pt. 3, tit. 18, l. 70.

EMPTIO.}} In the Roman and civil law. The act of buying; a purchase

I-Ii-nptio honntnm. A species of forced ass uient for the benefit of creilitnrs: being a pii ilic sale of an insolvent. debtor's estate whereby the purchaser succeeded to all his prop- erly. rights, and clniiiis, and become responsible for his tli-hts and llHl)lliLlE!S to the extent of II.

uota [ixi-rl before the lrnnsfer. See Illackeld.

Loin. nw § 521.—Elnpt1D at vemlitio. Pnrclizisc and sale: sometimes triinslatc-d "emp- {inn and rendition." The name of the (‘41l1(‘l'."lCt of sale in the Roman lew. Inst. 3. 28: Bract. tel 6117. Sometimes made a compound word.


miiptio-i;endi'tio.—Emptio rel nperatsz. A purchase in the hope of an uncertain future profit; the purchase of a thing not yet in ex- istence or not yet in the possession of the seli- er, us the cnst of a net or a crop to be grown. and t c price of which is to depend on the av.- tual gain. On the other hand, if the price is fixed and not subject to flui_tunt"ion, but is to be paid whether the gain be greater or less. i§t4i(i)a0culled emptio rpci. Mnekelil. Rom. law.

EIVDTOIL Lat A buyer or purchaser. Used in the ninxim "ciz-i-cut einptnr," let the buyer beware: 1. e., the buyer of an article must be on his guard and take the risks of his purchase.

Emptor emit qnnm minimo potcst, venditnr veniljt quiun maximo potest. The buyer pui-L-has s for the luwi-st [\I'lCe be can; the seller sons for the highest price he can. 2 Kent, Comm. 48!}.

EMTIO.}} In the civil law. Purchase. This form of the word is used in the Digests

and Code. Dlg. 18, I; Cod. 4, 49. See EMPTIO. EMTOR. In the civil law. A buyer or purcliiiser; the hu_vcr. Dlg. 18. 1: Cod. 4. 49. EMTRIX. In the civil law. A female purchaser; the purchaser. Cod. 4. 1.

EN ARERE. L. Fl‘. Inst. 506.

In time past 2

EN AUTRE DROIT. other. See Aurizn DBOIT.

In the right of an-

EN BANKE. Anders. 51.

L. Fr. In the bench. 1

EN BR]-JVET. In French law. An acts is said to be en Drevet when :1 copy of it has not been recorded by the notary who drew it

EN DECLARATION DE SIMULA- TION. A furin of action used in Louisi.iuii. Its object is to how a contract declared jiiilicially a simulation and :1 nuliity. to re- IIJOVB a cloud from the title, and to bring back, for any legal purpose, the thing soid

to the estate of the true owner. Eduards v. Baliard, ‘20 La. Ann. 169. EN DEMEURE. In default. Used in

Louisiana of a debtor who fails to pay on demnnd according to the terms of his obligatinn See Brynn v. Cox, 3 Mart. (La. 31. S.) 57-1.

En aschange a covient que les estates soient egales. Co. Litt. 50. In an ex- change it is desirable thet the estates be equal.

EN I'AI'I‘. Fr. In fact; in deed; actu- ally.

EN GROS. Fr. In gross. Total; by