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SECTIO

SECTIO “Those are called Sectores who buy property publice” (Gaius, 4.146; Gellius, 3.154; Festus, s. v. sectores), and property was said venire publice when a man's whole belongings were sold by the state; which occurred when he was condemned for certain crimes for which forfeiture was part of the penalty, in cases of proscriptio (Cic. pro Rosc. Am. 43, 125; Liv. 38.60; Cic. in Verr. 1.20, 52), and lastly, when the state had an unsatisfied claim against a wrongdoer (Liv. 38.58, 60; Cic. pro Rabirio Post. 4, 8), especially for payment of a fine inflicted by way of penalty. For instance, Livy tells us in the passage referred to, that L. Scipio was condemned to pay a fine for misappropriating public moneys, and that the praetor gave notice that unless the fine was paid he should order Scipio to be imprisoned; upon this a tribune put his veto, and the praetor was driven to put the quaestors in possession of his property for purposes of sale. Upon being put in possession (for which the expression bona publice possidere is used, Lex Acilia repet., line 9; Lex Servilia, 100.17), the usual course was for the quaestors to give notice of the sale (sectio), which took place sub hasta (Cic. Phil. 2.2. 6, 64) and transferred Quiritarian ownership, the property being sold in the lump, and the purchaser taking it with all its liabilities (Ascon. in Verr. 2.1, 23, 61, p. 177 Orelli; Dig. 48, 23, 2, 3). That the purchaser here became Quiritarian owner, whereas under a private bankruptcy (bonorum venditio) he merely became bonorum possessor, is probably the substance of what Gaius says in a mutilated passage (3.80: cf. Varro, R. R. 2.10, 4; Tac. Hist. 1.20). The names sector and sectio are explained by the subsequent breaking up of the property into lots, by the sale of which the sector made his profit (Pseudo-Ascon. in Verr. 1.20, 52; ib. 23, 61); sometimes, indeed (e. g. Tac. Hist. 1.90), the things sold by the quaestor are called sectio themselves. The sector had a special interdict (Interdictum Sectorium, Gaius, 4.146) for obtaining possession of the property. Inheritances which fell to the fiscus were sold in the same way, and the sector was here [p. 2.616]entitled to bring hereditatis petitio (Cod. 4, 39, 1).

[G.L] [J.B.M]

hide References (8 total)
  • Cross-references from this page (8):
    • Cicero, For Sextus Roscius of Ameria, 43
    • Cicero, Against Verres, 2.1.52
    • Cicero, Philippics, 2.26
    • Cicero, Philippics, 2.64
    • Tacitus, Historiae, 1.20
    • Tacitus, Historiae, 1.90
    • Livy, The History of Rome, Book 38, 58
    • Livy, The History of Rome, Book 38, 60
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