Apparent

That which appears; that which is manifest; what is proved. It is required that all things upon which a court must pass should be made to appear, if matter in pais, under oath; if matter of record, by the record. It is a rule that those things which do not appear are to be con- Max. 20. What does not appear does not exist: quod rum apparct, non est; La Frombois v. Jackson, 8 Cow. (N. Y.) 600, 18 Am. Dec. 463; 1 Term 404; 12 M. & W. 316. In case of homicide when the term "apparent danger" is used it means such overt actual demonstration, by conduct and acts, of a design to take life or do some great personal injury as would make the killing apparently necessary for self-preservation; Evans v. State, 44 Miss. 762.

That which is obvious, evident or manifest; what appears or has been made manifest In respect to facts involved in an appeal or writ of error, that which is stated in the record.
—Apparent danger, as used with reference to the doctrine of self-defense in homicide, means such overt actual demonstration, by conduct and acts, of a design to take life or do some great personal injury, as would make the killing apparently necessary to self-preservation. Evans v. State, 44 Miss. 773; Stoneman v. Co.m., 25 Grab (Vat) 896; Leigh v. People, 113 I1L 379.

— Apparent defects, in a thing sold. those which can be discovered by simple inspection. Co.de La. art 2407.

— Apparent easement. See Easement.

— Apparent heir. In English law. One whose right of inheritance is indefeasible, provided he outlive the ancestor. 2 Bl. Comm. 208. In Scotch law. He is the person to whom the succession has actually opened. He is so called until his regular entry on the lands by service or infeftment on a precept of dare constat.

— Apparent maturity. The apparent maturity of a negotiable instrument payable at a particular time is the day on which, by its terms, it becomes due, or, when that is a holiday, the next business day. Civil Code Cal. § 3132.

That which is obvious, evident, or manifest; what appears, or hag been made manifest. In respect to facts involved in an appeal or writ of error, that which is stated in the record.

1. Readily seen; evident, self-evident; manifest: as, error apparent upon the face of a record. See Apparere, De non, etc.; Constat, 1; Error, 3 (3). 3. Existing in looks or appearance, and, perhaps, of tener not real than true and real; opposed to actual: as, apparent — authority, right or title; also opposed to non-apparent: as, an apparent or non-apparent easement, q, V. An apparent right of possession is defeated by proof of a better, i. e., an actual, right.2 When the owner of property clothes another with the apparent power of disposition a third party who is thereby induced to deal with that other will be protected as against the owner.* A principal is held for the act of his agent clothed with apparent authority.* The holder of mercantile paper is the apparent owner thereof. Apparent danger. In the law of justifiable homicide such overt, actual demonstration, by conduct and acts, of a design to take life or to do gi-eat personal injury as makes killing apparently necessary.^ Apparent good order. Shipped "in apparent good order," in a bill of lading, does not change the legal effect of the bill. If a loss occurs the carrier is not precluded from showing that it proceeded from a latent defect in the package."