Apparere

I In old English law. To appear; to be regularly befof e a court whether as a fact, an instrument or other thing, or as a defendant in an action, v. Quod non apparet, etc. •

To come into sight: to appear. Compare Constat, 1. De non apparentibus et non ex Lstentibus, eadem est ratio. Concerning things not appearing and things not existing, the rule (reason, conclusion) is the same. Quod non apparet, non est. What does not appear does not exist. A thing which is not made to appear is regarded as if it could not be made to appear and did not therefore exist. The record of a court of limited or inferior jurisdiction must show jurisdiction rightfully exercised; ' but 1 Astor V. Merritt, 111 U. S. 803 (1884), Blatchtord, J. 2 2 Bl. Com. 196. 3 46 N. Y. 335; 101 U. S. 575. * 96 U. S. 86. ' [Evans v. State, 44 Miss. 773 (1870), SimraU, J.; Wesley V. State, 37 id. 349 (1859). in courts of record of general jurisdietlon all things are presumed to have been rightly done.i A fact essential to the exercise, by a court of general iurisdiction, of a special power conferred upon it, must appear upon the face of the record.^ See further Pr^sumere, Omnia, etc. An affidavit is good for what it shows upon it-s face.^ A deed irregularly transcribed is not a record.* An objection not of record will be disregarded. The contents of a doctmient in dispute must be proved.*

I. To appear. Apparitio: an

Lat. To appear; to be regularly before a court, as a fact, an instrument, or other thing of which they are requested to take notice. See Constare. Quod non apparet non est. That which does not appear, does not exist. 2 Inst. 479. To be regularly before or in a court, as a defendant in an action. Comparere was the term more usually employed in this case.