II] OF SHEPHERDS 227 



from a person who had the right to sell; (3) by 

 legal surrender^ before the praetor by the proper 

 person at the proper time; (4) by right of undis- 

 turbed possession; (5) by purchase at a public 

 auction of goods captured in war; (6) by buying 

 him among the goods or at the sale of the property ^ 

 5 of a proscribed man. When a slave is bought the 

 peculiiim goes as a rule with the slave (or a reserva- 

 tion of it is made), and a guarantee is inserted that 

 he is healthy, and has committed no thefts or 

 damage; or that where the transfer is not effected 

 by mancipation,' either double the purchase money 



scales." He then struck the scales with the piece of money 

 and gave it' to the seller as a symbol of the price (Gaius, Inst., 

 i, 119). 



* Si in lure cessit. A process resembling "conveyance by 

 fine and by common recovery " which was in use in England 

 a hundred years ago. It was a kind of fictitious suit, the 

 parties to which were the dominus qui cessit, the person cui 

 cedebatur, and the magistrate (usually the praetor) qui addixit. 

 The real owner and the purchaser appeared before the magis- 

 trate, the latter claimed the thing in question as his own ; the 

 magistrate asked the owner if he had any defence, the latter 

 replied that he had not; whereupon the magistrate adjudged 

 the thing to the claimant. 



For this c^. Gaius, Inst., i, 2, De Nexu faciendo. 



' In seciione. When a man was proscribed his property was 

 confiscated to the State and was sold by auction — not in lots, 

 but the whole to one person. This sale was called sectio and 

 the purchaser sector. 



' Si mancipio non datur. A vendor who had a doubtful title 

 would not sell by mancipation, for the law bound him to war- 

 ranty in double the amount or value of the thing sold. He 

 might instead simply deliver the thing, leaving the purchaser 



