APIACUM, Pap Castle, in Cumberland. Apices juris non sunt jura. Co. Litt. 304.(Points of law are not laws.) The ingenuity of special pleaders would frequently sacrifice the spirit of our laws upon the altar of technicality, were it not for this maxim, which prevents subtle exceptions diverting the stream of justice. The Courts frequently regret the occurrences of technical objections to the pleadings, depriving parties of their just and moral rights, but, perhaps, upon the whole, it would be a subject of deeper regret, if, in order that supposed justice should be done, a remedy be applied to a particular hardship, unsettling the established rules of pleading, and introducing laxity and uncertainty. Galloway v. Jackson, 3 Scott, N. P. 773. APORIARE, to bring to poverty, to shun or avoid. Wals. in R. 2.

APOSTACY, a total renunciation of Christianity, by embracing a false religion, or no religion at all. 4 Bl. Com. 43. APOSTARE, to violate, break, or transgress. Blount; Leg. Edw. Conf. c. 35. APOSTATA CAPIENDO, a writ formerly issued against an apostate, or one who had violated the rules of his religious order. It was addressed to the sheriff to deliver the defendant into the possession of the abbot or prior. Reg. Orig. 71, 267. APOTHECARIES, persons who prepare medicines. Their practice in England and Wales is regulated by 55 Geo. III., c. 194. APPARATOR, or APPARITOR, a messenger, who cites and arrests offenders, and executes the decrees of the judges of the Spiritual Courts. Cowel.

APPARATOR COMITATUS, an officer formerly so called, for whom the sheriffs of Buckinghamshire had a considerable yearly allowance. Hales' Sher. Acco. 104. APPARENT HEIR, or APPEARAND HEIR, the eldest son of a person, possessed of property, to whom it will descend, if he outlive his parent dying intestate. In the Scotch Law, he is the person to whom the succession has actually opened, and who so remains until his regular entry on the lands by service or infeftment on a precept of dare constat. Scotch Dict. APPARLEMENT [pareillement, Fr., in like manner], a resemblance or likelihood. 2 Ric. II. st. 1, c. 6. APPARURA, Blount. APPEAL, the removal of a cause from an inferior to a superior court. 3 Bl. Com. 55. -Criminally, it was an accusation by a private subject against another for some heinous crime, demanding punishment on account of the particular injury suffered, rather than for the offence against the public. Criminal appeals were either capital or not capital: capital were subdivided into 1. appeals of death or murder; 2. appeals of larceny or robbery; 3. appeals of rape; 4. appeals of arson, which are all obsolete and superseded by 59 Geo. III., c. 46; not capital were

furniture and implements.

de pace, de plagis, de imprisonamento, and mayhem, superseded by actions of trespass. Leach's Hawk. P. C. ii. 285. Consult Kendall's Arguments on Trial by Battel. APPEAL TO ROME, abolished by 24 Hen. VIII., c. 12, and 25 Hen. VIII., c. 19, 21. APPEARANCE. When a person is served with a summoning process from a Court he generally comes into such Court to defend himself, which is done, in the Courts of Law and Equity, at Westminster, by entering an appearance with the proper officer. If he do not appear within the time allowed, which is eight days after service of writ of summons at common law, and also eight days after service of a subpoena to appear and answer in equity, the plaintiff may enter an appearance for him at common law by filing an affidavit of the service of the writ, which is called an appearance sec. stat. i. e., secundum statuti auctoritatem, according to the authority of the stat.), 12 Geo. I. c. 29, and see 5 Geo. II. c. 27. This appearance must be entered within four terms next after service of writ, Cook v. Allen, 3 Tyr. 378. And in equity, the plaintiff may, provided such non-appearing defendant be not an infant or a person of weak or unsound mind, after the expiration of eight days and within three weeks from the time of service of the subpoena apply to the record and writ clerk to enter an appearance for such defendant; and, no appearance having been entered, the record and writ clerk is to enter such appearance accordingly, upon being satisfied by affidavit that the subpoena was duly served upon such defendant personally, or at his dwelling-house or usual place of abode; and, after the expiration of such three weeks, or after the time allowed to such defendant for appearing has expired, in any case in which the record and writ clerk is not hereby required to enter such appearance, the plaintiff may apply to the Court for leave to enter such appearance for such defendant; and the Court being satisfied that the subpœna was duly served, and that no appearance has been entered for such defendants, may, if it so think fit, order the same accordingly. Ord. 29, of 8th May,

1845.

There are several modes for a defendant to appear:

1. in person. 2. by attorney. 3. by guardian. 4. by committee.

In capital criminal offences, the accused must always appear and plead in person, and likewise in appeal or on attachment, but in offences under the degree of capital, an appearance may, by favour of the Court, be entered by attorney. 2 Hawk. P. C., c. 22, s. 1; Cro. Jac. 462. APPELLANT, the party appealing; the party resisting the appeal is called Respondent. Encyc. Lond.

APPELLATE, appealed against. Ibid. Appellatione fundi, omne ædificium et omnis ager

continetur. 4 Co. 87.-(The word "fundus" includes every building and portion of ground.)

APPELLEE, one who is appealed against or

accused. Encyc. Lond.

APPELLOR, a criminal who accuses his accomplices, one who challenges a jury, &c. Ibid. APPENDANT, a thing of inheritance belonging to another inheritance which is more worthy as an advowson, common, &c., which may be appendant to a manor, common of fishing to a freehold, a seat in a church to a house, &c. It differs from appurtenance, in that appendant must ever be by prescription, i. e., a personal usage for a considerable time, while an appurtenance may be created at this day, for if a grant be made to a man and his heirs, common in such a moor for his beasts levant or couching upon his manor, the commons are appurtenant to the manor and the grant will pass them. Co. Litt. 121 b. APPENDITIA, pertinences of an estate. Blount.

APPENNAGE, or APENNAGE, a child's part or portion, and is properly the portion of the King's younger children in France, where by a fundamental law, called the law of appennages, the King's younger sons have duchies, counties, or baronies granted to them and their heirs, &c.; the reversion being reserved to the Crown, and all matters of regality as to coinage and levying taxes in such territories. Spelm.; Cowel. APPENSURA, the payment of money at the scale or by weight. Spelm. Applicatio est vita regulæ. 2 Buls. 79.(Application is the life of a rule.) APPODIARE, to lean on or prop up anything. Wals. 1271; Mat. Paris Chron. APPOINTMENT, a common law deed or conveyance of a derivative nature relating to or dependant on some precedent assurance, in which a power to appoint to certain uses has been created or preserved to the party thereby granting or appointing. Co. Litt. 80. There is a distinction between an ap pointment and declaration of a use, the latter is that original disposition of the use by the express consent of the parties, which prevents it from following any implied designation, which the rules of law might otherwise prescribe, but an appointment is the limitation of the use by a separate instrument derived from and conformable to a power reserved or contained in the original conveyance, by which the seisin to serve those uses is transferred. The limitation of uses thus made under the power must necessarily alter, abridge, or suspend the use previously declared upon such original conveyance. Such are the powers usually reserved in settlements of leasings, jointuring, selling, exchanging and charging. Sander's Uses and Trusts, vol. 2, p. 87. APPONERE, to pledge or pawn. Neubrig, 1. 1, c. 2.

APPORTIONMENT, a division or partition

of rent, commons, &c., between two or more

persons. As to the apportionment of rents, the 11 Geo. II., c. 19, s. 15, enacts" that if any tenant for life shall happen to die before, or on the day on which any rent was reserved or made payable upon any demise or lease of any lands, tenements, or hereditaments, which determined on the death of any such tenant for life, that the executors or administrators of such tenant for life, shall and may, in an action on the case, recover of and from such under-tenant or tenants of such lands, tenements, or hereditaments, if such tenant for life die on the day on which the same was made payable, the whole, or if before such day, then a proportion of such rent according to the time such tenant for life lived of the last year or quarter of a year, or other time in which the said rent was growing due as aforesaid, making all just allowances, or a proportionable part thereof respectively." This statute has been extended in equity to tenants in tail. And Lord Hardwicke thought the act extended to a tenancy for 99 years, determinable on lives; to a tenant in tail after possibility of issue extinct, and to an estate-tail in a woman ex provisione viri. Ambl. 198; Paget v. Lee, MS. The 4 & 5 Win. IV., c. 22, extends the law of apportioning rent to all rents, charges, annuities, and payments, made at fixed periods.

APPORTUM, the revenue or profit which a thing brings to the owner, and commonly used for a corody or pension. Blount. APPOSAL OF SHERIFFS, charging them with money received upon their accounts in the Exchequer, 22 & 23 Car. II., c. 22. APPRAISERS, persons sworn to make a true value of goods and furniture, and are compelled to take them at their own appraisement, if valued too high. 11 Edw. I. Stat. Acton Burnel.

APPRAISEMENT, the act of valuing goods and furniture, &c.

APPREHENDING OFFENDERS, persons active in so doing are allowed compensation in certain cases specified in 7 Geo. IV., c. 64, s. 28.

APPRENDRE, a fee or profit. Cowel. APPRENTICE, a person bound by indentures to a tradesman or artificer, who covenants to teach him his trade or mystery. Consult Bird or Chitty on the Laws of Apprentices, &c. APPROBATE, or REPROBATE, a person who takes advantage of one part of a deed and rejects the rest. Scotch Law. APPROPRIATION, the annexing of some ecclesiastical benefice to the proper and perpetual use of some religious house, &c., just as impropriation is the annexing a benefice to the use of a lay person or corporation. Appropriation may be severed and the church become disappropriate, if a patron or appropriator present a clerk, who is properly instituted and inducted, for he would then become complete parson; also, if a corporation, possessing the benefice, is dissolved, the parsonage becomes disappropriate at cominon

Cowel.

Blount.

ARABANT, applied to those who held by the tenure of ploughing and tilling the lord's lands within the manor. ARACE, to rase or erase. ARAHO, to make oath in the church or some other holy place. All oaths were made in the church upon the relics of saints, according to the Ripuarian Laws. Cowel. ARATIA, arable grounds. Blount. ARATRUM TERRÆ, as much land as can be tilled by one plough, and which is done by the tenant as a service for his lord. Cowel. ARBEIA, Ireby, in Cumberland. ARBITRAMENT, the award or decision of arbitrators upon the matter of dispute, which has been submitted to them. Termes de Ley, 50.

ARBITRATION, the submitting of matters in dispute to the judgment of one, two, or more persons called arbitrators. Whart. Angl. Sacr. 1, 772.

There are different modes of submitting questions to arbitration:-1. Where there is a cause in court, i. e., where the matter intended to be submitted to arbitration is also the subject of an action pending in one of the Superior Courts at Westminster, the cause may be referred at any time before trial, by Judge's order or rule of court; or, when the cause is called on by order of Nisi Prius, with or without a verdict being taken, as the parties shall judge proper. 2. Where there is no cause in Court, matters in difference between parties, which are not the subject of any action pending at the time, may be referred to arbitration in any of the three following ways:-1st, by mutual bonds or other deed or written agreement of submission simply; 2dly, by such bonds, deed, or agreement, containing also the parties' consent that such submission shall be made a rule of Court, in pursuance of 9 & 10 Wm. III., c. 15; and 3dly, by parol agreement, in which case, however, the submission cannot be made a rule of Court, even although the parties consent to it.

Courts of Equity will not enforce the spe cific performance of an agreement to refer any matters in controversy between adverse parties, deeming it against public policy to exclude from the appropriate judicial tribunals of the state any persons, who, in the ordinary course of things, have a right to sue there. Neither will they, for the same reason, compel arbitrators to make an award; nor when they have made an award, will they compel them to disclose the grounds of their judgment. The latter doctrine stands upon the same ground of public policy as the others, that is to say, in the first instance, not to compel a resort to these domestic tribunals, and, on the other hand, not to disturb their decisions, when made, except upon very cogent reasons.

The Court of Chancery, in regard to its equitable jurisdiction is not a Court of Record, but so far as concerns its Common Law jurisdiction, it is a Court of Record, and as such, it is apprehended (for there does not

appear to be any decision on the point), that an application may be made to the Lord Chancellor to make a submission a rule of Court; unless it be so, the language of the second sec. of 9 & 10 Wm. III., c. 15, would be unintelligible. Chitty's Arch. Prac. 1220; Story's Equity Juris., vol. II., p. 630 ; Maddock's Equity, rol. II., title, "Arbitration."

ARBITRATOR, or ARBITER, a disinterested person, to whose judgment and decision matters in dispute are referred. Termes de Ley, 50.

The civilians make a difference between arbiter and arbitrator, though both found their power in the compromise of the parties: the former being obliged to judge according to the customs of the law; whereas the latter is at liberty to use his own discretion, and accommodate the difference in that Inanner which appears most just and equitable.

Arbitrio domini res æstimari debet. 4 Inst. 274. (The subject-matter is to be valued according to the award of the lord.) Arbitrium est judicium. Jenk. Cent. 137.—(An award is a judgment.)

Arbitrium est judicium boni viri, secundum æquum et bonum. 3 Bul. 64.-(An award is the judgment of a good man, according to truth and justice.)

Arbor dum crescit; lignum cum crescere nescit. 2 Bul. 82.-(A tree is so called whilst growing; but wood when it ceases to grow.) ARČA CYROGRAPHICA, a common chest with three locks and keys, kept by certain Christians and Jews, wherein all the contracts, mortgages, and obligations belonging to the Jews were kept to prevent fraud, by order of Richard Ist. Hov. Ann., 745. ARCHBISHOP [ertz-bischoff, Teut., archeveque, Fr., archiepiscopus, Lat., apXIETTIOKOTOS, Gk., of apxwv, chief, and moкожоs, bishop, of emiσкonéw, to take care of]. The chief of the clergy in his province; he has supreme power under the Queen in all ecclesiastical causes, and superintends the conduct of other bishops his sufragans. The archbishops are said to be inthroned, when they are vested in the archbishopric, whereas bishops are said to be installed. England has two archbishops, Canterbury and York.

The

1 Bl.

Archbishop of Canterbury is styled Primate of all England, and the Archbishop of York Primate of England. Ireland has four, Armagh, Dublin, Cashel, and Tuam, of whom the former is Primate of all Ireland. Com. 381. ARCHDEACON [ăpxwv, chief, and diakovéw. Gk., to minister], a substitute for the bishop, having ecclesiastical dignity and jurisdiction over the clergy and laity next after the bishop, either throughout the diocese or in some part of it only. He visits his jurisdiction once every year, and has a Court where he may inflict penance, suspend or excommunicate, prove wills, grant administrations, and hear ecclesiastical causes, subject to an appeal to the bishop, by 24 Hen.VIII.,

c. 12. He examines candidates for holy orders, and inducts clerks, upon receipt of the bishop's mandate. Wood's Inst. 30. The Law styles him the bishop's vicar or vicegerent.

ARCHERY, a service of keeping a bow for the lord's use in the defence of his castle. Co. Litt. 157.

A

ARCHES COURT (curia de arcubus). Court of appeal belonging to the Archbishop of Canterbury, the judge of which is called the Dean of the Arches, because his Court was anciently held in the church of Saint Mary-le-Bow (sancta Maria de arcubus), so named from the steeple, which is raised upon pillars, built archwise, like so many bent bows. It is now held, as also the other principal spiritual courts, in the hall belonging to the college of civilians, commonly called Doctors' Commons. Its proper jurisdiction is only over the thirteen peculiar parishes belonging to the archbishop in London, but the office of Dean of the Arches having been for a long time united to that of the Archbishop's principal official, the Judge of the Arches, in right of such added office, receives and determines appeals from the sentences of all inferior ecclesiastical courts within the province. There was formerly an appeal to the King in Chancery, or to a Court of Delegates appointed under the Great Seal by 25 Hen. VIII., c. 19, as supreme head of the English church, instead of to the Bishop of Rome, who originally exercised the jurisdiction, but now the appeal is to the Judicial Committee of the Privy Council, according to 2 & 3 Wm. IV., c. 92, and 3 Wm. IV., c. 41. A. suit is commenced in the Ecclesiastical Court by citing the defendant to appear and exhibiting a libel containing the complaint against him, to which he answers. Proofs are then adduced, and the Judge pronounces decree upon hearing the arguments of advocates, which is then carried into effect. Consult Burn's Ecclesiastical Law. ARCHIVES [arca, Lat., a chest], a chamber or place where ancient records, charters, and evidences belonging to the Crown, the Courts of Chancery, Exchequer, or those of a community, city, or family, &c., are kept. It is sometimes used for the writings themselves, thus we say the archives of a college, a monastery, &c. Cowel. ARENTARE, to rent or let out at a certain rent. Blount. ARERIESMENT, hindrance, surprise, affrightment. Ibid.

A rescriptis valet argumentum. Co. Litt. 11.(An arguinent drawn from rescripts is sound.) A rescript is a decision of the Pope or Emperor on a difficult or doubtful point of law.

ARGADIA, or ARGATHALIA, Argyleshire in Scotland.

ARGENTUM ALBUM, silver coin, or pieces of bullion which anciently passed for money. Spelm.

ARGENTUM DEI, God's money, i. e., mo

ney given in earnest upon the making of any bargain, hence arles, earnest. Blount. ARGIL, or ARGOIL, clay, lime, and sometimes gravel, also the lees of wine gathered to a certain hardness. Law Fr. Dict. ARGUMENT, in rhetoric and logic, an inference drawn from premises, the truth of which is indisputable, or at least highly probable. In reasoning, Locke observes that men ordinarily use four sorts of arguments. The first is to allege the opinions of men, whose parts and learning, eminency, power, or some other cause, has gained a name and settled their reputation in the common esteem, with some kind of authority; this may be called argumentum ad verecundiam. Secondly, another way is to require the adversaries to admit what they allege as a proof or to require a better; this he calls argumentum ad ignorantiam. A third way is to press a man with consequences drawn from his own principles or concessions; this is known by the name of argumentum ad hominem. Fourthly, the using proofs drawn from any of the foundations of knowledge or probability; this he calls argumentum ad judicium, and observes that it is the only one of all the four that brings true instruction with it, and advances us in our way to knowledge.

Argumenta ignota et obscura ad lucem rationis proferunt et reddunt splendida. Co. Litt. 395.-(Arguments bring things hidden and obscure to the light of reason, and render them clear.)

ARGUMENTOSUS, ingenious. Neub.1.1, c. 14. Argumentum ab impossibili plurimum valet in lege. Co. Litt. 92.—(An argument deduced from an impossibility greatly avails in law.) Argumentum ab authoritate est fortissimum in lege. Co. Litt. 254.-(An argument from authority is most powerful in law.) Argumentum ab inconvenienti est validum i lege; quia lex non permittit aliquod inconveniens. Co. Litt. 258.-(An argument from what is inconvenient is good in law, for the law will not permit any inconvenience.) Argumentum à divisione est fortissimum in jure. 6 Co. 60.-(An argument from division is most powerful in law.)

Argumentum à majori ad minus negativè non valet; valet è converso. Jenk. Cent. 281.(An argument from the greater to the less is of no force negatively, affirmatively it is.) Argumentum à simili valet in lege. Co. Litt. 191.-(An argument from a like case avails in law.)

ARICONIUM, Kenchester, near Hereford. DE ARIDA VILLA, Drayton, or Dreydon, in Shropshire.

ARIERBAN, or ARRIERE-BAN [according to Casseneuve, ban denotes the convening of the noblesse or vassals, who held fees immediately of the Crown, and arriere, those who only held of the Crown mediately], an edict of the ancient Kings of France and Germany, commanding all their vassals, the noblesse, and the vassals' vassals, to enter the army, or forfeit their estates on refusal, Spelm.