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qaired in all mercantile and some other private causes ; and state debtors, who had been sentenced to" remain in prison till they had acquitted themselves of then* liabilities, were, by a law of Timo-crates (Dem. c. Timocr. pp. 712—716), allowed to go at large if they could provide three sureties that the money should be paid within a limited period. If the principal in a contract made default the surety was bound to make it good, or if he refused to do so, might be attacked by an syyvrjs Si/cT?, if such action were brought within a twelvemonth after the obligation was undertaken. (Dem. c. Apatzir. pp. 901,910.) If, however, a person accused in a public action by one of the forms above mentioned failed to appear to take his trial, his bail became liable to any punishment that such person had incurred by contempt of court; and, consistently with this, it appears, from a passage in Xenophon (Hell, i. 7. § 39), that the law allowed the bail to secure the person of the accused by private confinement. (Meier, Ait. Proc. p. 515.) [J. S. M.] ENGUE'SIS (£yx&7<rts). [matrimonium.] E'NNATA (eWra). [funus.] ENOIKIOU DIKE (tvowlov Suo?), action brought (like our trespass for mesne profits after a successful action of ejectment) to recover the rents withheld from the owner during the period of his being kept out of possession. If the property recovered were not a house, but land (in the more confined sense of the word), the action for the rents and profits was called icapirov si'kt?. It seems from the language of the grammarians, that these actions could be brought to try the title to the estate, as well as for the above-mentioned purpose. Perhaps both the tenement and the intermediate profits might be recovered by one suit, but the proceeding would be more hazardous, because a failure in one part of the demand would involve the loss of the whole cause. Thus, the title of a party to the land itself might have expired, as for instance where he held under a lease for a term; yet he Avould be entitled to recover certain bygone profits from one who had dispossessed him. Therefore it is not improbable that the sikcu «/. and /cap. might in practice be confined to those cases where the rents and profits only were the subject of claim. We are told that, if the defendant, after a judgment in one of these actions, still refused to give satisfaction, an ovarias §:«:rj might be commenced against him, of which the effect was, that the plaintiff obtained a right to indemnify himself out of the whole property of the defendant. Schbmanu observes, that this was a circuitous proceeding, when the plaintiff might take immediate steps to execution by means of entry and ejectment. His conjecture, however, that the ovcrias 5:/n? was in ancient times an important advantage, when real property could not in the first instance be taken in execution, is probably not far from the truth, and is supported by analogy to the laws of other nations, which, being (in the infancy of civilization) framed by the landowners only, bear marks of a watchful jealousy of any encroachment upon their rights. He remarks also, that the giving to the party the choice between a milder and a more stringent remedy, accords with the general tenor and spirit of the Athenian laws. We may add, that our own law furnishes an illustration of this, viz., where the plaintiff has obtained a judgment, he has the option of proceeding at once to execution, or bringing an action on the judgment;
though with us the latter measure is considered the more vexatious, as it increases the costs, arid is rendered less necessary by the facility with which executions can be levied. At Athens the e^o&V^s 5;/«7, as it was the ultimate and most efficacious remedy, drew with it also more penal consequences, as is explained under embateia. [Meier, Ait. Proc. p. 749.) [C. K K.]
ENOMOTIA (evtofjioria). [ExERCiTUS.J
ENTASIS (evTeuris). The most ancient columns now existing are remarkable for the extreme diminution of the shaft between its lower and upper extremity, the sides of which, like those of a cone, converge immediately and regularly from the base to the neck, so that the edge forms a straight line— a mode of construction which is wanting in grace and apparent solidity. To correct this, a swelling outline, called entasis (Vitruv. iii. 2, iv, 3), was given to the shaft, which seems to have been the first step towards combining grace and grandeur in the Doric column.
The original form is represented by the figure on the left in the annexed woodcut, which is taken from the great temple at Posidonia (Paestum), which is one of the most ancient temples now remaining ; that on the right shows the entasis, and is from a building of rather later construction in the same city. Two other examples of the same style are still to be seen in Italy, one belonging to an ancient temple at Alba Fucinensis (Piranesi, Magnif. de"1 Rom. tav. 31. fig. 6), and the other at Rome, on the sepulchre of C. Publicius. fig. 7.)
In the example at Paestum the greatest devia tion which the curved edge of the column makes from the straight line of the cone of which the pillar may be considered as a part, is at about the middle of the height, but it still keeps within the line of a perpendicular drawn from the circumfer ence of the base ; or, in other words, the column is thickest at the base: both these properties are clearly shown by the dotted lines in the woodcut. (Comp. Stieglitz, Arcli'dol. d. Baiikunst^ vol. i. p. 161.) [A.R.]