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[*] 756. In some cases, particularly when the provisions of a law are quoted, a relative is used with the infinitive, even when no infinitive precedes. E.g. Ἔθηκεν ἐφ᾽ οἷς ἐξεῖναι ἀποκτιννύναι, “he enacted on what conditions it is allowed to kill.” DEM. xx. 158. Καὶ διὰ ταῦτα, ἄν τις ἀποκτείνῃ τινὰ, τὴν βουλὴν δικάζειν ἔγραψε, καὶ οὐχ ἅπερ, ἂν ἁλῷ, εἶναι, “and he did not enact what should be done if he should be convicted.” Id. xxiii. 26. (Here εἶναι, the reading of Cod. Σ, is amply defended by the preceding example, in which all allow ἐξεῖναι.) Δέκα γὰρ ἄνδρας προσείλοντο αὐτῷ ξυμβούλους, ἄνευ ὧν μὴ κύριον εἶναι ἀπάγειν στρατιὰν ἐκ τῆς πόλεως. THUC. v. 63.
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