Black's Law Dictionary

Pertaining to or having cognizance of appeals and other proceedings for the judicial review of adjudications. —Appellate court. A court having jurisdiction of appeal and review; a

A court having jurisdiction of appeal and review; a court to which causes are removable by appeal, certiorari, or error.

Jurisdiction on appeal; jurisdiction to revise or correct the proceedings in a cause already instituted and acted upon by an inferior court, or by a tribunal having the attributes

Lat. An appeaL

An old law term having the same meaning as "appellant," (q. v.) In the civil law, the term was applied to the judge ad quem, or to whom an appeal was taken. Calvin.

The party in a cause against whom an appeal is token; that is, the party who has an interest adverse to setting aside or reversing the judgment. Slayton v. Horsey, 97 Tex. 341, 78

Lat. In the civll law. I appeal. The form of making an appeal apud acta. Dig. 49, 1, 2.

In old English law. A criminal who accuses his accomplices or who challenges a jury.

Something added as an accessory to or the subordinate part of another thing. State v. Fertig, 70 Iowa, 2f72, 30 N. W. 633; Hemme v. School Dist., 30 Kan. 377, 1 Pac. 104; State Tre

A thing annexed to or belonging to another thing and passing with it; a thing of inheritance balonging to another inheritanco which is more worthy; as an advowson, common, etc., wh

The appendages or appurtenances of an estate or house. Cowell.

A printed volume, used on an appeal to the English house of lords or privy council, containing the documents and other evidence presented in the interior court and referred to in t

Payment of money by weight instead of by count. Cowell.

To belong to; to have relation to; to be appurtenant to. See Appurtenant.

When a constitution or court declares that the common law is in force in a particular state so far as it is applicable, it is meant that it must be applicable to the habits and con

Lat. In old English law. To fasten to; to moor (a vessel) Anciently rendered, "to apply." Hale, de Jure Mar. Applicatio est vita regulae. Application is the life of a rule. 2 Bulst

A putting to, placing before, preferring a request or petition in or before a person. The act of making a request for something. A written request to have a certain quantity of lan

1. To make a formal request or petition, usually in writing, to a court, officer, board or company, for the granting of some favor or of some rule or order, which is within his or

A person who is appointed or selected for a particular purpose; as the appointee under a power is the person who ls to receive the benefit of the power.

In chancery practice. The exercise of a right to designate the person or persons who are to take the use of real estate. 2 Washb. Real Prop. 302. The act of a person in directing t

The person who appoints or executes a power of appointment; as appointee is the person to whom or in whose favor an appointment is made. 1 Steph. Comm. 506, 507 ; 4 Kent, Comm. 316

L. Fr. In old English law. Tax; tallage; tribute; imposition; payment; charge; expenses. Kelham.

The division, partition or distribution of a subject-matter in proportionate parts. Co. Litt. 147; 1 Swanst. 37, n.; 1 Story, Eq. Jut. 475a. Of contracts. The allowance, in case of

In French law. That which a partner brings into the partnership other than cash; for instance, securities, realty or personalty, cattle, stock or even his personal ability and know

In old English law. The revenue, profit or emolument which a thing brings to the owner. Commonly applied to a corody or pension. Blount.

The charging them with money received upon their account in the exchequer. St 22 & 23 Car. II.; Cowell.

In French law, an addition or annotation made in the margin of a writing. Merl. Repert.

In practice. To fix or set a price or value upon; to fix and state the true value of a thing, and, usually, in writing. Vincent v. German Ins. Co., 120 Iowa, 272, 94 N. W. 458.

A just and true valuation of property. A valuation set upon property under judicial or legislative authority. Cocheco Mfg. Co. v. Strafford, 51 N. H. 482.

A person appointed by competent authority to make an appraisement, to ascertain and state the true value of goods or real estate. —General appraisers. Appraisers appointed under an

To take hold of, whether with the mind, and so to conceive, believe, fear, dread, (Trogdon v. State, 133 Ind. I, 32 N. E. 725;) or actually and badily, and so to take a person on a

Lat In the civil and old English law. A taking hold of a person or thing; apprehension; the seizure or capture of a person. Calvin. One of the varieties or subordinate forms of occ

In practice. The seizure, taking, or arrest of a person on a criminal charge. The term "apprehension" is applied exclusively to criminal cases, and "arrest" to both criminal and ci

A fee or profit taken or received. Cowell.

A person, usually a minor, bound in due form of law to a master, to learn from -him his art, trade or business, and to serve him during the time of hls apprenticeship. 1 Bl. Comm.

An ancient name for students at law, and afterwards applied to counsellors, apprentici ad barras, from which comes the more modem word "barrister."

A contract by which one person, usually a minor, called the "apprentice," is bound to another person, called the "master," to serve him during a prescribed term of ycars in his art

In Scotch law. A form of process by which a creditor formerly took possession of the estates of the debtor in payment of the debt due. It is now superseded by adjudications.

In international law. The right of a ship of war, upon the high sea, to visit another vessel for the purpose of ascertaining the nationality of the latter. 1 Kent, Comm. 153, note.

In Scotch law. To approve and reject; to take advantage of one part, and reject the rest. Bell. Equity suffers no person to approbate and reprobate the same deed. 1 Karnes, Eq. 317

1. To make a thing one's own; to make a thing the subject of property; to exercise dominion over an object to the extent, and for the purpose, of making It subserve one's own prope

The act of appropriating or setting apart; prescribing the destination of a thing; designating the use or application of a fund. In public law. The act by which the legislative dep

The act of selecting, devoting or setting apart land for a particular use or purpose, as where land is appropriated for public buildings, military reservations or other public uses

This means the application of a payment to the discharge of a particular debt. Thus, if a creditor has two distinct debts due to him from his debtor, and the latter makes a general

An appropriation of water flowing on the public domain consists in the capture, impounding or diversion of it from its natural course or channel and its actual application to some

One who makes an appropriation; as, an appropriator of water. Lux v. Haggin, 69 Cal. 255, 10 Pac. 736. In English ecclesiastical law. A spiritual corporation entitled to the profit

The act of a judge or magistrate in sanctioning and accepting as satisfactory a bond, security or other instrument which is required by law to pass hls inspection and receive his a

To take to one's proper and separate use. To improve; to enhance the value or profits of anything. To inclose and cultivate common or waste land. To approve common or waste land is

Notes indorsed by another person than the maker, for additional security.

By the common law, approvement is said to be a species of confession, and incident to the arraignment of a prisoner indicted for treason or felony, who confesses the fact before pl

L. Fr. To approve or prove; to vouch. Kelham. n. In real property law. Approvement; Improvement. "There can be no approver in derogation of a right Of common of turbary." 1 Taunt 4

To take to one's use or profit. Cowell.

In the civil law. A driving to, as of cattle to water. Dig. 8, 3, 1, 1.

That which belongs to something else; an adjunct; an appendage ; something annexed to another thing more worthy as principal, and which passes as incident to it, as a right of way

Belonging to; accessory or incident to; adjunct, appended or annexed to; answering to accessorium in the civll law. 2 Steph. Comm. 30 note. A thing is deemed to be incidental or ap

In Fr. To take, Bref a prendre la terre, a writ to take the land. Fet Ass. § 51. A right to take something out of the soil of another is a profit a prendre or a right coupled with

A term used in logic to denote an argument founded on analogy or abstract considerations or one which, positing a general principle or admitted truth as a cause, proceeds to deduce

In Spanish law. Approvement or improvement and enjoyment of public lands. As applied to pueblo lands, it has particular reference to the commons, and includes not only the actual e

Fit; suitable; appropriate. —Apt time. Apt time sometimes depends upon lapse of time ; as, where a thing is required to be done at the first term, or within a given time, it cannot

Fit for a husband; marriageable; a woman who has reached marriageable years.

Apt time sometimes depends upon lapse of time ; as, where a thing is required to be done at the first term, or within a given time, it cannot be done afterwards. But the phrase mor

Words proper to produce the legal effect for which they are intended ; sound technical phrases.

Among the acts; among the recorded proceedings. In the civil law, this phrase is applied to appeals taken orally, in the presence of the judge, at the time of judgment or sentence.

In the civll and old English law. Water; sometimes a stream or water-course. —Aqua æstiva. In Roman law. Summer water; water tbat was used in summer only Dig. 43, 20, 1, 3, 4 —Aqua

Water follows the land. A sale of land will pass the water which covers it. 2 Bl. Comm. 18; Co. Litt. 4.

Running water.

Water runs, and ought to run, as it has used to run. 3 Bnlst. 339; 3 Kent, Comm. 439. A running stream should be left to flow in its natural channel, without alteration or diversio

Fresh water. Reg. Orig. 97 ; Bract fobs. 117, 135.

Spring water. Fleta, lib. 4, c. 27, § 8.

A canal, ditch or watercourse running through marshy grounds. A mark or gauge placed in or on the banks of a running stream, to indicate the height of the water, was called "aquaga

Flawing or running water. Dig. 1, 8, 2.

In Roman law. Daily water; water that might be drawn at all times of the year, (qua guts quoUdie possit uti, si vellet.) Dig. 43, 20, 1-4.

Salt water.

In Roman law. Summer water; water tbat was used in summer only Dig. 43, 20, 1, 3, 4

Rights which individuals have to the use of the sea and rivers, for the. purpose of fishing and navigation, and also to the soil in the sea and rivers.

In the civil law. A servitude which consists in the right to carry water by means of pipes or conduits over or through the estate of another. Dig. 8, 3, 1; Inst. 2, 3.

In the civil law. A servitude which consists in the right to draw water from the fountain, pool or spring of another. Inst. 2, 3, 2; Dig. 8, 3, 1, 1.

A civll law easement or servitude, consisting In the right of one whose house is surrounded with other buildings to cast waste water upon the adjacent roofs or yards. Similar to th

A term used, with the correlative ad quern, (to which,) in expressing the computation of time, and also of distance in space. Thus, dies a quo, the day from which, and dies ad quem

From which. The judge or court from which a cause has been brought by error or appeal or has otherwise been removed, is termed the judge or court a quo; a qua. Abbott

Anno regni, the year of the reign; as, A. R. V. R. 22, (Anno Regni Victories Reginæ vicesimo secundo,) in the twenty-second year of the reign of Queen Victoria.

They plowed. A term of feudal law, applied to those who held by the tenure of plowing and tilling the lord's lands within the manor. Cowell.

In feudal law. To make oath iu the church or some other holy place. All oaths were made in the church upon the relics of saints, according to the Ripuarian laws. Cowell; Spelman.

Plow-lands. Land fit for the plow. Denoting the character of land, rather than its condition. Spelman.

A plow-man; a farmer of arable land.

In old English law. A plow of land; a plow-land; as much land as could be tilled with one plow. Whis-haw.

The plowing of land by the tenant or vassal, in the service of his lord. Whishaw.

Land suitable for the plow; arable land. Spelman.

A person chosen to decide a controversy; an arbitrator, referee. A person bound to decide according to the rules of law and equity, as distinguished from an arbitrator, who may pro

The award or decision of arbitrators upon a matter of dispute, which has been submitted to them. Termes de la Ley. —Arbitrament and award. A plea to an action brought for the same

A plea to an action brought for the same cause which had been submitted to arbitration and on which an award had been made. Wats. Arb. 256.

A just arbitration renders to every one his own. Noy, Max. 248.

Not supported by fair, solid, and substantial cause, and without reason given. Treloar v. Bigge, L. R. 9 Exch. 155. —Arbitrary government. The difference between a free and an arbi

The difference between a free and an arbitrary government is that in the former limits are assigned to those to whom the administration is committed, but the latter depends on the

That punishment which is left to the decision of the judge, in distinction from those defined by statute.

In practice. The investigation and determination of a matter or matters of difference between contending parties, by one or more unofficial persons, chosen by the parties, and call

A clause inserted in a contract providing for compulsory arbitration in case of dispute as to rights or liabilities under it; ineffectual if it purports to oust the courts of juris

This takes place where a merchant pays his debts in one country by a bill of exchange upon another.

A private, disinterested person, chosen by the parties to a disputed question, for the purpose of bearing their contention, and giving judgment between them; to whose decision (awa

In Spanish and Mexican law. Taxes Imposed by municipalities on certain articles of merchandise, to defray the general expenses of government, in default of revenues from "proprios,