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plex event, constituted by the performance of various acts, the imperfect completion of the event, by the performance of some only of those acts, cannot by virtue of that contract of which it is not the subject, afford a title to the whole, or any part of the stipulated benefit. See in support of this principle, 1 Swanst. c. 338, n. and the cases there cited; Story, Bailm. §441; Chitty, Contr. 168; 8 Watts, R. 331; 2 Mass. R. 147; 2 Id. 436; 3 Hen. & Munf. R. 407;
2 John. Cas. 17; 13 John. R. 365; 14 Wend. R. 257; 5 N. H. Rep. 343; 8 Cowen, R. 84; 7 Cowen, R. 184; 2 Pick. R. 332.
2. When there is but one debtor and one creditor, neither can apportion the obligation without the consent of the other. In such case the creditor cannot force his debtor to pay him a part of the debt only, and leave the other unpaid, nor can the debtor compel his creditor to receive a part only of what is due him, on account of his claim. But when there is a subsisting obligation to pay a rent, the reversioner may sell his estate in different parts, to as many persons as he may deem proper, and the lessee or tenant will be bound to pay to each a proportion of the rent,
3 Watts, R. 404. By stat. 11 Geo. 2, c. 19, s. 15, the rent due by a tenant for life, who dies during the currency of a quarter of a year, or other division of time at which the rent was made payable, shall be apportioned to the day of his death. In Delaware, Missouri, New Jersey, and New York, it is provided by statutes, that if the tenant for life, lessor, die on the rent day, his executors may recover the whole rent; if before, a proportional part. In Delaware, Missouri and New York, where one is entitled to rents depending on the life of another, he may recover them notwithstanding the death of the latter. In Kentucky, the rent is to be
apportioned when the lease is determined upon any contingency. When the wife dies, the husband may, after her death, recover the rents of her lands, in Delaware, Kentucky, Missouri and Virginia. The stat. 11 Geo. 2, c. 19, s. 15, is in force in Pennsylvania. Rob. Dig. 236. See Hill Ab. c. 16. s. 50. Vide 2 Bro. C. C. 662; 8 Ves. 311. See generally, 3 Watts, R. 394; 17 Serg. & Rawle, 171; 3 Vin. Ab. 4; 1 Chitty, Bl. 324; 2 Supp. to Ves. Jun. 237; Bac. Ab. Rent, M; 1 Am. Dig. 267; for the doctrine of the civil law on this subject, see Dumoulin, de dividuo et individuo, 2e part, n. 6 & 7; Toull. Dr. Civ. Fr. Iiv. 3, t. 3, c. 4, n. 750 et seq. Vide, generally, Stark. Ev. part 4, p. 1622; 1 Taunt. R. 430; 3 Chitty's Comm. Law, 129; Com. Dig. Chancery, 2 E and 4 N 5; 6 T. R. 320; Chitty on Contr. 273; Newl. Contr. 159; Hall's Dig. 63 ; Long on Sales, 108; 16 Vin. Ab. 138; 22 Vin. Ab. 13, pl. 21; 8 Serg. & Rawle, 299.
3. At common law, there could be no apportionment of rent as to time, either in law or equity. Hence when a lessor, tenant for life, died before the rent day, the rent was lost; the statute 11 Geo. 2, c. 19, was passed to remedy this defect. The states of New York, New Jersey, Missouri, and Delaware, have enacted, that if a tenant for life, lessor, die on the rent day, his executors may recover the whole rent; if before, a proportional part of it. In Missouri, Delaware, Kentucky, and New York, when one is entitled to rents depending on the life of another, he may recover them notwithstanding the death of the latter. In Delaware, Virginia, Missouri and Kentucky, it is specially provided, that a husband, after the death of his wife, may recover the rents of her lands, 1 Hill. Ab. c. 16, § 50. When the tenant is deprived of the land, as by eviction by title paramount, or by his quitting the premises, with the landlord's consent, in the absence of an agreement to the contrary, his obligation to pay rent ceases, as regards the current quarter or half year, or other day of payment, as the case may be. But rent which is due may be recovered. Gilb. on Rents, 145; 1 Har. & Gill, 308; 11 Mass. R. 493 ; 3 Kent, Com. 376; 8 Cowen, R. 727 ; 4 Wend. R. 423. See 4 McCord's R. 447; 3 Call's R. 268; 4 Cruise, Dig. 206; 1 Bailev's R. 469. See Eviction.
APPOSAL OF SHERIFFS, in the English law. The charging them with money received upon account of the Exchequer, 22 Car. 2.
APPOSER, in the English law. An officer of the Court of Exchequer, called the foreign apposer.
APPOSTILLE, French law. In general this means an addition or annotations made in the margin of an act, [contract in writing,] or of some writing. Merlin, Repertoire.
, APPRAISEMENT is a just valuation of property. Appraisements are required to be made of the property of decedents, insolvents and others; an inventory (q. v.) and description (q. v.) of the article ought to be made, and a just valuation put upon them. When property real or personal is taken for public use, an appraisement of it must be made so that the owner may be paid its value.
APPRAISER, practice. A person appointed by competent authority to appraise or value goods; as in case of the death of a person an appraisement and inventory must be made of the goods of which he died possessed, or was entitled to. Appraisers are sometimes appointed to value damages done to property, as when such property is taken for public use, it must be paid for at the appraisement made of it.
APPREHENSION, practice.— The capture or arrest of a person.
APPRENTICE, person, contracts, is a minor who is bound in due form of law to a master, and who is to learn from him his art, trade or business, and to serve him during the time of his apprenticeship, (q. v.) 1 Bl. Com. 426; 2 Kent, Com. 211; 3 Rawle, Rep. 307; Chit, on Apprentices. Formerly the name of apprentice en la ley was given indiscriminately to all students of law. In the reign of Edward IV. they were sometimes called apprentici ad harras. And in some of the ancient law writers, the term apprentice and barrister are synonymous. 2 Inst. 214; Eunom. Dial. 2, § 53, p. 155.
APPRENTICESHIP, contracts, is a contract entered into between a person who understands some art, trade or business, and called the master, and another person during his or her minority, who is called the apprentice, with the consent of his or her parent or next friend; by which the former undertakes to teach such minor his art, trade or business, and to fulfil such other covenants as may be agreed upon; and the latter agrees to serve the master during a definite period of time, in such art, trade or business. The term during which the apprentice is to serve is also called his apprenticeship. Pardessus Dr. Com. n. 34. This contract is generally entered into by indenture or deed, and is to continue no longer than the minority of the apprentice. The English statute law as to binding out minors as apprentices to learn some useful art, trade or business, has been generally adopted in the United States, with some variations which cannot be noticed here. 2 Kent, Com. 212. The principal duties of the parties are as follows: 1st, Duties of the master. He is bound to instruct the apprentice by teaching him, bona fide, the knowledge of the art of which he has undertaken to teach him the elements. He ought to watch over the conduct of the apprentice, giving him prudent advice and showing him a good example, and fulfilling towards him the duties of a father, as, in his character of master, he stands in loco parentis. He is also required to fulfil all the covenants he has entered into by the indenture. He cannot abuse his authority, either by bad treatment, or by employing his apprentice in menial employments, wholly unconnected with the business he has to learn. He cannot dismiss his apprentice except by application to a competent tribunal, upon whose decree the indenture may be cancelled. After the apprenticeship is at an end, he cannot retain the apprentice on the ground that he has not fulfilled his contract, unless specially authorised by the statute. 2d. Duties of the apprentice. On his side, the apprentice is bound to obey his master in all his lawful commands, take care of his property, and promote his interest, endeavour to learn his trade or business, and perform all the covenants in his indenture not contrary to law. He cannot leave his master's service during the term of the apprenticeship. The apprentice is entitled to payment for extraordinary services, when promised by the master, 1 Penn. Law. Jour. 368; and even when no express promise has been made, under peculiar circumstances. 2 Cranch, 240, 270; 3 Rob. Ad. Rep. 237; but see 1 Whart. 113. See, generally, 2 Kent, Com. 211-214; Bac. Ab. Master and Servant; 1 Saund. R. 313, n. 1, 2, 3, and 4; 3 Rawle, R. 307; 3 Tin. Ab. 19. The law of France on this subject is strikingly similar to ours. Pardessus, Droit Commere. n. 518-522.
APPRIZING, a name for an action in the Scotch law, by which a creditor formerly carried off the
estates of his debtor in payment of debts due to him; in lieu of which adjudications are now resorted to.
APPROPRIATION, contracts, is the application of the payment of a sum of money, made by a debtor to his creditor, to one of several debts which are due by the former to the latter. The debtor has a right to appropriate the payment to which debt he pleases; but if, at the time of making such payment, he neglects to make such appropriation, the creditor has a right to make it, unless the circumstances show, or raise an inference that the debtor had, at the time of making payment, an intention to make such an appropriation. The nature of the debts or claims makes no difference. Chitty, Contr. 277; 3 Stark. Ev. 1093, n. (1); Pet. Dig. Payment, 2, for the American cases on this subject; 1 Vern. R. by Raithby, 23, 24; 3 Vin. Ab. 33; Wheat. Dig. tit. Payment. When neither party avails himself of his power to make the appropriation, in consequence of which it devolves on the court, such an equitable appropriation will be made as will extinquish those debts first for which the security is most precarious. 6 Cranch, R. 8, 28. See 6 Cranch, R. 253, 264; 7 Cranch, 572, 575. In Louisiana by statutory enactment, Civ. Code, art. 1159, et seq., it is provided that " the debtor of several debts has a right to declare, when he makes a payment, what debt he means to discharge. The debtor of a debt which bears interest or produces rents, cannot without the consent of the creditor, impute to the reduction of the capital, any payment he may make, when there is interest or rent due. When the debtor of several debts has accepted a receipt, by which the creditor has imputed what he has received to one of the debts especially, the debtor can no longer require the imputation to be made to a different debt, unless there have been fraud or surprise on the part of the creditor. When the receipt bears no imputation, the payment must be imputed to the debt which the debtor had at the time most interest in discharging of those that are equally due, otherwise to the debt which has fallen due, though less burdensome than those which are not yet payable. If the debts be of a like nature, the imputation is made to the less burdensome; if all things are equal, it is made proportionally." This is a translation of the Code Napoleon, art. 1253-1256, slightly altered. See Poth. Obi. n. 528, translated by Evans, and the notes. Bac. Ab. Obligations, F.
TO APPROVE, approbare; to increase the profits upon a thing; as to approve land by increasing the rent. 2 Inst. 784.
APPROVEMENT, Engl.. crim. law, is the act by which a person indicted of treason or felony, and arraigned for the same confesses the same before any plea pleaded, and accuses others, his accomplices, of the same crime, in order to obtain his pardon. This practice is disused. 4 Bl. Com. 330; 1 Phil. Ev. 37. In modern practice an accomplice is permitted to give evidence against his associates. 9 Cowen, R. 707; 2 Virg. Cas. 490; 4 Mass. R. 156; 12 Mass R. 20; 4 Wash. C. C. R. 428; I Dev. R. 383; 1 City Hall Rec 8. In Vermont, on a trial for adultery it was held that a particeps criminis was not a competent witness, because no person can be allowed to testify his own guilt or turpitude to convict another. N. Chap. R. 9.
APPROVEMENT, in the Eng. lish law. 1. The enclosing the common land within the lord's waste, so as to leave egress and regress to the tenant who is a commoner.—2. The augmentation of the profits of land. that, of Merton, 20 Hen. 8; F. N.
B. 72; Crompt. Just. 250; 1 Lilly's Reg. 110.
APPROVER, in the English criminal law. One confessing himself guilty of felony, and approving others of the same crime to save himself. Crompt. Inst. *50; 3 Inst. 129.
APPURTENANCES, in common parlance and legal acceptation, is used to signify something belonging to another thing as principal, and which passes as incident to the principal thing. 10 Peters, R. 25; Angell, Wat. C. 43; 1 Scrg. & Rawle, 169; Cro. Jac. lai; 3 Saund. 401, n. 2; Wood's Inst. 121;
4 Rawle, R. 342; 1 P. Wms. 603; Cro. Jac. 526; 2 Co. 32; Co. Litt.
5 b, 56 a, b; 1 Plowd. 171; 2 Saund. 401, n. (2); I Lev. 131; 1 Sid. 211.
AQUiE DUCTUS, civil law. The name of 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, I ; Inst. 2, 3; Lalaure, Des Serv. ch. 5, p. 23.
Aquie HAUSTUS, civil law. The name of a servitude which consists in the right to draw water from the fountain, the pool, or spring of another. Inst. 2, 3, 2; Dig. 8, 3, 1, 1.
AQU.E IMMITTENDiE, civil law. The name of a servitude, which frequently occurs among neighbours, when a house is built in such a manner as to be surrounded by other buildings, so that it has no outlet for its waters. It is in the obligation cn the part of him who owes it, to permit the owner of the dominant building to cast water out of his windows on his own or on his soil. Lalaure, Des Serv. 23.
AQUAGIUM, i. e. aquce agium; 1. A water course;—2. A toll for water.
ARBITRARY PUNISHMENTS, practice. Those punishments which are left to the decision of the judge, in distinction from those which are defined by statute.
ARBITRATION, practice, is a reference and submission of a matter in dispute concerning property, or of a personal wrong, to the decision of one or more persons as arbitrators. They are voluntary or compulsory. The voluntary are, 1 st. Those made by mutual consent, in which the parties select the arbitrators, and bind themselves by bond to abide by their decision; these are made without any rule of court; 3 Bl. Com. 16.—2d. Those which are made in a cause depending in court, by a rule of court, before trial; these are arbitrators at common law, and the award is enforced by attachment, Kyd on Awards, 21.—3d. Those which are made by virtue of the statute, 9 & 10 Will. 3, c. 15, by which it is agreed to refer a matter in dispute not then in court, to arbitrators, and agree that the submission be made a rule of court, which is enforced as if it had been made a rule of court; Kyd on Aw. 22; there are two other voluntary arbitrations which are peculiar to Pennsylvania,—4th. The first of these is the arbitration under the act of June 16,1836, which provides that the parties to any suit may consent to a rule of court for referring all matters of fact in controversy to referees, reserving all matters of law for the decision of the court, and the report of the referees shall have the effect of a special verdict, which is to be proceeded upon by the court as a special verdict, and either party may have a writ of error to the judgment entered thereupon.—5th. Those by virtue of the act of 1806, which authorises "any person or persons desirous of settling any dispute or controversy, by themselves, their agents or attorneys to enter into an agreement in writing, or refer such dispute or
controversy to certain persons to be by them mutually chosen; and it shall be the duty of the referees to make out an award and deliver it to the party in whose favour it shall be made, together with the written agreement entered into by the parties; and it shall be the duty of the prothonotary on the affidavit of a subscribing witness to the agreement, that it was duly executed by the parties, to file the same in his office; and on the agreement being so filed as aforesaid, he shall enter the award on record, which shall be as available in law as an award made under a reference issued by the court, or entered on the docket by the parties." Compulsory arbitrations are perhaps confined to Pennsylvania. Either party in a civil suit or action, or his attorney, may enter at the prothonotary's office a rule of reference wherein he shall declare his determination to have arbitrators chosen, on a day certain to be mentioned therein, not exceeding thirty days, for the trial of all matters in variance in the suit between the parties. A copy of this rule is served on the opposite party. On the day appointed they meet at the prothonotary's, and endeavour to agree upon arbitrators; if they cannot, the prothonotary makes out a list on which are inscribed the names of a number of citizens, and the parties alternately strike each one of them from the list, beginning with the plaintiff, until there are but the number agreed upon or fixed by the prothonotary left, who are to be the arbitrators; a time of meeting is then agreed upon—or appointed by the prothonotary, when the parties cannot agree,—at which time the arbitrators, after being sworn or affirmed justly and equitably to try all matters in variance submitted to them, proceed to hear and decide the case; their award is filed in the office of the prothonotary and has