KFLCC Kingdom Law 2nd Ed.

422

EMPLOYER

EN GROS

emptio-venditio.—'Em.-ptio 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 sell er, as, the cast of a net or a crop to be grown, and the price of which is to depend on the ac tual gain. On the other hand, if the price is fixed and not subject to fluctuation, but is to be paid whether the gain be greater or less, it is called emptio spei. Mackeld. Rom. Law, §400. ret speratse. Used in the maxim "caveat emptor," let the buyer beware; i. e., the buyer of an article must be on his guard and take the risks of his purchase. Emptor emit qnam minimo potest, venditor vendit qnam maximo potest. The buyer purchases for the lowest price he can; the seller sells for the highest price he can. 2 Kent, Comm. 486. Purchase. This form of the word is used in the Digests and Code. Dig. 18, 1; Cod. 4, 49. See EMPTIO. EMTOR. In the civil kiw. A buyer or purchaser; the buyer. Dig. 18, 1; Cod. 4, 49. EMTRIX. In the civil law. A female purchaser; the purchaser. Cod. 4, 54, 1. EN ARERE. L. Fr. In time past 2 Inst. 506. EMTIO. In the civil law. EN BREVET. In French law. An acte is said to be en brevet when a copy of it has not ibeen recorded by the notary who drew it EN DECLARATION DE SIMULA TION. A form of action used in Louisiana. Its object is to have a contract declared judicially a simulation and a nullity, to re move a cloud from the title, and to bring back, for any legal purpose, the thing sold to the estate of the true owner. Edwards v. Ballard, 20 La. Ann. 169. EN DEMEURE. In default. Used in Louisiana of a debtor who fails to pay on de mand according to the terms of his obliga tion. See Bryan v. Cox, 3 Mart. (La. N. S.) 574. En eschange il covient que les estates soient egales. Co. Litt 50. In an ex change it is desirable that the estates be equal. EN FAIT. Fr. In fact; in deed; actu ally. EN GROS. Fr. In gross. Total; by wholesale. EMPTOR. Lat A buyer or purchaser. EN AUTRE DROIT. other. See AUTEB DBOIT. In the right of an EN BANKE. L. Fr. In the bench. 1 Anders. 51.

cial employment, it is understood to mean some permanent employment or position." The word is more extensive than "clerk" or "officer." It signifies any one in place, or having charge or using a function, as well as one in office. See Hitter v. State, 111 Ind. 324, 12 N. E. 501; Palmer v. Van Santvoord, 153 N. ^'612, 47 N. E. 915, 38 L. R. A. 402; Frick Co. v. Norfolk & O. V. R. Co., 86' Fed. 738, 32 C. C. A. 31; People v. Board of Po lice, 75 N. Y. 38; Finance Co v. Charleston, C. & C. R. Co. (C. C.) 52 Fed. 527; State v. Sarlls, 135 Ind. 195, 34 N. B. 1129; Hopkins v. Cromwell, 89 App. Div. 481, 85 N. Y. Supp. 839. One who employs the serv ices of others; one, for whom employees work and who pays their wages or salaries. —Employers' liability acts. Statutes de fining or limiting the occasions and the extent to which employers shall be liable in damages for injuries to their employees occurring in the course of the employment, and particularly (in recent times) abolishing the common-law rule that the employer is not liable if the injury is caused by the fault or negligence of a fellow servant. This word does not necessarily import an engagement or render ing services for another. A person may as well be "employed" about his own business as in the transaction of the same for a prin cipal. State v. Canton, 43 Mo. 51. EMPORIUM. A place for wholesale trade in commodities carried by sea. The name is sometimes applied to a seaport town, but it properly signifies only a particular place in such a town. Smith, Diet. Antiq. In Mexican law. Un dertakers or promoters of extensive enter prises, aided by concessions or monopolistic grants from government; particularly, per sons receiving extensive land grants in con sideration of their bringing emigrants into the country and settling them on the lands, with a view of increasing the population and developing the resources of the country. U. S. v. Maxwell Land-Grant Co., 121 U. S. 325, 7 Sup. Ct 1015, 30 L. Ed. 949. In Spanish law. A loan. Something lent to the borrower at his re quest. Las Partidas, pt. 3, tit 18, 1. 70. The act of buying; a purchase. —Emptio bonornm. A species of forced as signment for the benefit of creditors; being a public sale of an insolvent debtor's estate whereby the purchaser succeeded to all his prop erty, rights, and claims, and became responsible for his debts and liabilities to the extent of a quota fixed before the transfer. See Mackeld. Rom. Law, § 521.—Emptio et venditio. Purchase and sale; sometimes translated "emp tion and vendition." The name of the contract of sale in the Roman law. Inst. 3, 23; Bract, fol. 616. Sometimes made a compound word. EMPLOYER. EMPLOYMENT. EMPRESARIOS. EMPRESTITO. EMPTIO. In the Roman and civil law.