Bouvier's Law Dictionary and Concise Encyclopedia

He who makes an appeal from one court to another.

The jurisdiction which a superior court has to rehear causes which have been tried in inferior courts. See Appeal and Error.

In Civil Law. An appeal.

In Practice. The party in a cause against whom an appeal has been taken.

A criminal who accuses his accomplices; one who challenges a jury-

Something added as an accessory to or the subordinate part of another thing. State Treasurer v. R. Co., 28 N. J. L 26; School Dist. No. 29, Bourbon County v. Perkins, 21 Kans. 536,

Annexed or belonging to something superior; an incorporeal inheritance belonging to another inheritance. Cowell; Termes de la Ley. Appendant in deeds includes nothing which is subs

Connected with in use or occupancy. Miller v. Mann, 55 Vt. 475, 479. It does not necessarily import contiguity, as does "adjoining," and is therefore not synonymous with it; id. Pe

The act of making a request for something. It need not be in writing; State v. Stiles, 12 N. J. L. 296. A written request to have a certain quantity of land at or near a certain sp

To designate, ordain, prescribe, nominate; People v. Fitzsimmons, 68 N. Y. 519.

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

The designation of a person, by the person or persons having authority therefor, to discharge the duties of some office or trust. The making out a commission is conclusive evidence

One authorized by the donor, under the statute of uses, to execute a power. 2 Bouv. Inst. n. 1923.

The charging them with money received upon account of the Exchequer. 22 & 23 Car. II.; Co well.

An officer of the Exchequer, whose duty it was to examine the sheriffs in regard to their accounts handed in to the exchequer. He was also called the foreign apposer. The office is

In French Law. An addition, or annotation, made in the margin of a writing. Merlin, Rupert.

To value property at what it is worth. In a statute directing certain officers to "appraise all taxable property at its full and true value in money," the words italicized are supe

A just valuation of property. Appraisements are required to be made of the property of decedents, of insolvents, and others; an inventory (q. v.) of the goods ought to be made, and

A person appointed by competent authority to value goods or real estate. An importer is entitled to have a merchant appraiser who is familiar with the character and value of the go

To estimate justly. The ability of a testator to appreciate his relation to those who had a claim upon his bounty is said to be an element of testamentary capacity; Brace v. Black,

To understand, conceive, believe. Golden v. State, 25 Ga. 527, 531.

The capture or arrest of a person on a criminal charge. The word strictly construed means the seizing or taking hold of a man and detaining him with a view to his ultimate surrende

A person bound in the form of law to a master, to learn from him Bla. Com. 426; 2 Kent 211; Altemus v. Ely, 3 Rawle (Pa.) 307. Formerly the name of apprentice en la ley was given i

RIGHT OF. In International Law. The right to draw near to a vessol in order to ascertain the nationality of its flag. In The Marianna Flora, 11 Wheat (U. S.) 43, 44, 6 L. Ed. 405,

In Scotch Law. To approve and reject. To attempt to take advantage of one part of a deed and to reject the rest. The doctrine of approbate and reprobate same deed; 4 Wils. & S. Hou

The perpetual annexation of an ecclesiastical benefice which is the general property of the church, to the use of some spiritual corporation, either sole or aggregate. See Impropri

To increase the profits upon a thing. Used of common or waste lands which were enclosed and devoted to husbandry; 3 Kent 406; Old Nat. Brev. 79. While confessing crime one's self,

Notes endorsed by another person than the maker, for additional security, the endorser being satisfactory to the payee. Public sales are sometimes made on approved endorsed notes.

One confessing himself guilty of felony, and accusing others of the same crime to save himself. Crompton, lust. 250; Co. 3d Inst. 129; Myers v. People, 26 111. 173; Gray v. Teople.

Things belonging to another thing as principal, and which pass as incident to the principal thing. Harris v. Elliott, 10 Pet. (U. S.) 25, 9 L. Ed. 333; Blaine's Lessee v. Chambers,

Belonging to; pertaining to. The thing appurtenant must be of an inferior nature to the thing to which it is appurtenant; 2 Bla. Com. 19; U. S. v. Harris, 1 Sumn. 21, Fed. Cas. No.

Rights which individuals have in water.

Land fit for the plough. Denoting the character of land, rather than its condition. Spelman. Kindred in meaning arare, to plough; arator, a ploughman; aratrum tcrrce, as much land

A person bound to decide according to the rules of law and equity, as distinguished from an arbitrator, who may proceed wholly at his own discretion, so that it be according to the

Transactions of bankers and mercantile houses by which stocks or bills are bought in one market and sold in another for the sake of the profit arising from a difference in price in

A plea to an action brought for the same cause on which an award had been made. Watson, Arb. 256.

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

The chief of the clergy of a whole province. He has the inspection of the bishops of that province, as well as of the inferior clergy, and may deprive them on notorious cause. The

A ministerial officer subordinate to the bishop. In the primitive church, the archdeacons were employed by the bishop in the more servile duties of collecting and distributing alms

The lowest court of ecclesiastical jurisdiction in England. Originally the archdeacon held a court as deputy of the bishop. Early in the 12th century the archdeacons possessed them

See Court of Abches.

The Rolls; any place where ancient records, charters, and evidences are kept. In libraries, the private depositary. Cowell; Spelman, Gloss. The records need not be ancient to const

One to whose care the archives have been confided. ARCTA ET SALVA CUSTODIA (Lat). In safe and close custody or keeping. When a defendant is arrested on a capias ad satisfaciendum (

An enclosed yard or opening in a house; an open place adjoining to a house. 1 Chit. Pr. 176.

An effort to establish belief by a course of reasoning. See 33 Amer. L. Rev. 476; State v. Burns, 119 Iowa, (]()?>, 94 N. W. 239; Hopkins v. Hopkins, 132 N. C. 25, 43 S. E. 506.

By way ot reasoning. ARGUMENTUM AB INCONVENIENT!. An argument arising from the lnco which the opposite construction of thi would create. It is to have effect only In a case where t

A government in which a class of men rules supreme. Aristotle classified governments according to the person or persons in whom the supreme power is vested: In monarchies or kingdo

A form of government where the power is divided between the more powerful men of the nation »nd the people.

One of the states of the American Union. This region was first visited by the Spanish in 1526, and was afterwards explored under the direction of the viceroy of Mexico in 1540; not

One of the United States of America; being the twelfth admitted to the Union. It was formed of a part of the Louisiana Territory, purchased of France by, the United States, by trea

Earnest.

Furnished with weapons of offence or defence; furnished with the means of security or protection. Webster's Diet. The fact that there was on board a vessel but one musket, a few ou

An attitude of neutrality between belligerents which the neutral state is prepared to maintain by armed force if necessary.

A situation in which two or more nations, while actually at peace with each other, are armed for possible or probable hostilities. ARMIGER (Lat.). An armor-bearer; an esquire. A ti

An agreement between belligerent forces for a temporary cessation of hostilities. The condition of war between the parties continues in all other respects and produces its usual le

A portion of the sea projecting inland, in which the tide ebbs and Hows. It includes bays, roads, creeks, coves, ports, and rivers where the water flows and reflows. An arm of the

Anything that a man wears for his defence, or tikes in his hands, or uses in his anger, to cast at or strike at another. Co. Litt. 101 o, 102a; Cromp. Just. P. 65; Cunning, Diet. T

A large force of armed men designed and organized for military service on land. The term "army" or "armies" has never been used by congress to include the navy or marines; In re Ba

A measure of land of uncertain amount. It was called arpent also. Spelman, Gloss.; Cowell. In French Law. A measure of different amount in each of the sixty-four provinces. Guyot,

A quantity of land containing a French acre. 4 Hall, L. J. 518. ARPENTAT0R. A measurer or surveyor of land.

See Abrh,e.

To call a prisoner to the bar of the court to answer the matter charged in the indictment. 2 Hale, PL Cr. 216. To set in order. An assize may be arraigned. Littleton, § 242; 3 Mod.

Calling the defendant to the bar of the court, to answer the accusation contained in the indictment. The first step in the proceeding consists in calling the defendant to the bar b

An ancient officer of a port, whose business was to load and unload vessels. There were formerly, in several ports of Guyenne, certain officers, called arrameurs, or stowers, who w

The natural meaning of the word is "setting in order." 1 El. & Bl. 540.

DEED OF. A term used in England to express an assignment for the benefit of creditors.

In Spanish Law. The donation which the husband makes to his wife, by reason or on account of marriage, and in consideration of the dote, or portion, which he receives from her. Aso

The whole body of jurors summoned to attend a court, as they are arrayed or arranged on the panel. See Challenges; Dane, Abr. Index; 1 Chit. Cr. Law 536; Comyns, Dig. Challenge, B.

An English military officer in the early part of the fifteenth century. His duties were similar to those of the modern Lord Lieutenant of a county.

Arrears.

The remainder of an account or sum of money in the hands of an accountant. Any money due and unpaid at a given time. Cowell; Spelman, Gloss. "In arrear" means overdue and unpaid. H

In Scotch Law. He in whose hands a debt, or property in his possession, has been arrested by a regular arrestment. If, in contempt of the arrestment, he make payment of the sum or

In Scotch Law. One who sues out and obtains an arrestment of his debtor's goods or movable obligations. Erskine, Inst. 3. 6. 1.

In Scotch Law. Securing a criminal's person till trial, or that of a debtor till he give security judicio sisti. The order of a judge, by which he who is debtor in a movable obliga

The act of a court by which the judges refuse to ^rivo judgment for the plaintiff, because upon the face of the record it appears that the plaintiff is not entitled to it. A motion

A second summons to join the lord, addressed to those who had neglected the first. A summons of the inferiors or vassals of the lord. Spelman, Gloss. ARRIERE FIEF (Fr.). An inferio

To come to a particular place; to reach a particular or certain place. See cases in Leake, Contr., and in Abb. Diet.; Thompson v. U. S., 1 Brock. 411, Fed. Cas. No. 13,985; Meigs v

The trial of money by beating it after it was coined. Now obsolete.

In Patent Law. A principle put in practice and applied to some art. machine, manufacture, or composition of matter. Earle v. Sawyer. 4.Mas. 1, Fed Cas. No. 4,- 241. See COPYKTQH I'

A person bound by indenture to a solicitor that he may acquire a knowledge pertaining to that business. ARTICLES (Lat. articuius, a joint). Divisions of a written or printed docume

A written memorandum of the terms of an agreement. They may relate either to real or personal estate, or both, and if in proper form will create an equitable estate or trust such t

OR OF

Accusations in writing which form the basis of a trial by impeachment. They are called by Blackstone a kind of bills of indictment, and perform the same office which an indictment

A written agreement by which the parties enter into a partnership upon the conditions therein mentioned. These are to be distinguished from agreements to enter into a partnership a

A complaint made before a court of competent jurisdiction by one who has just cause to fear that an injury to his person or property is about to be committed or caused by the party

The code of laws established for the government of the army. The term is used in this sense both in England and the United States. The term also includes the code established for t

These articles (Edw. II.) were an attempt to delimit accurately the spheres of the lay and ecclesiastical jurisdictions, and were the basis of all subsequent legislation upon this

One who buys goods in order to reduce them by his own art, or industry, into other forms, and then to sell them. Lansdale v. Brashear, 3 T. B. Mon. (Ky.) 335. The term applies to t

Having its existence in the given manner by virtue of or in consideration only of the law. Artificial person. A subject of duties and rights which is represented by one or more nat

Those from whom a person is descended, or from whom he derives his birth, however remote they may be. See Consanguinity. Every one has two ascendants at the first degree, his fathe

To make certain by examination; to find out. The word ascertained is held to have two meanings: (1) known; (2) made certain. L. R. 2 P. & D. 3G5.

In Medical Jurisprudence. Suspended animation and death produced by non-conversion of the venous blood of the lungs into arterial; by breathing mephitic gas; by suspension or stran

In Medical Jurisprudence. Suspended animation and death produced by non-conversion of the venous blood of the lungs into arterial. by breathing mepbitic gas; by suspension or stran

ESSART. A piece of forest land converted into arable land by grubbing up the trees and brushwood. New Diet.

Rents paid to the Crown for assailed lands. New Diet.

Murder committed for hire, without provocation or cause of r< ment given to the murderer by the person upon whom the crime is committed. Erskine, Inst. b. 4, t. 4, n. 45. A murder

An establishment, or department, in which the manipulations attending the assay of bullion and coins are conducted. Assay offices are from time to time established by law at variou

In European Law. Assurance; insurance of a vessel, freight, or cargo. Opposition to the decree of Grenoble. Ferriere.

An insurer.

The meeting of a number of persons in the same place. An assembly of persons would seem to mean three or more. 40 S. J. 481. Political assemblies are those required by the constitu