3. At common law, there could be no apportionment of rent as to provided, that a husband, after the death of his wife, may recover the rents of her lands, 1 Hill. Ab. c. 16, § 50. formance of some only of those acts, | 22 Vin. Ab. 13, pl. 21; 8 Serg. & cannot by virtue of that contract of Rawle, 299. which it is not the subject, afford a title to the whole, or any part of the stipulated benefit. See in support of time, either in law or equity. this principle, 1 Swanst. c. 338, n. Hence when a lessor, tenant for life, and the cases there cited; Story, died before the rent day, the rent Bailm. § 441; Chitty, Contr. 168; was lost; the statute 11 Geo. 2, c. 3 Watts, R. 331; 2 Mass. R. 147; 19, was passed to remedy this de2 Id. 436; 3 Hen. & Munf. R. 407; fect. The states of New York, 2 John. Cas. 17. New Jersey, Missouri, and Delaware, 2. When there is but one debtor have enacted that if a tenant for and one creditor, neither can appor- life, lessor, die on the rent day, his tion the obligation without the con- executors may recover the whole sent of the other. In such case the rent; if before, a proportional part creditor cannot force his debtor to of it. In Missouri, Delaware, Kenpay him a part of the debt only, and tucky, and New York, when one is leave the other unpaid, nor can the entitled to rents depending on the debtor compel his creditor to receive life of another, he may recover them a part only of what is due him, on notwithstanding the death of the account of his claim. But when latter. In Delaware, Virginia, Misthere is a subsisting obligation to souri and Kentucky, it is specially 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. Vide 2 Bro. C. C. 662; 8 Ves. 311. See generally, 3 Watts, R. 394; 17 Serg. & Rawle, 171; 3 Vin. Ab. 4; I Chitty, Bl. 324; 2 Supp. to Ves. Jun. 237; 6 Bac. Ab. 47; 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. liv. 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; 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 annotation made in the margin of an act, [contract in writing,] or of some writing. Merlin, Répertoire. 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 articles 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 per son appointed by competent autho- duties of the parties are as follows: rity to appraise or value goods; as 1st, Duties of the master. He is in cases of the death of a person an bound to instruct the apprentice by appraisement and inventory must be teaching him, bona fide, the knowmade of the goods of which he died ledge of the art of which he has possessed, or was entitled to: ap-undertaken to teach him the elepraisers are sometimes appointed to ments. He ought to watch over the value damages done to property, as conduct of the apprentice, giving when such property is taken for him prudent advice and showing public use, it must be paid for at the him a good example, and fulfilling 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, R. 307; Chit. on Apprentices. 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 tribuAPPRENTICESHIP, contracts, nal, upon whose decree the indenis a contract entered into between a ture may be cancelled. After the person who understands some art, apprenticeship is at an end, he trade or business, and called the cannot retain the apprentice on the master, and another person during ground that he has not fulfilled his his or her minority, who is called contract, unless specially authorised the apprentice, with the consent of by the statute. 2d. Duties of the his or her parent or next friend; by Apprentice. On his side, the apwhich the former undertakes to prentice is bound to obey his master teach such minor his art, trade or in all his lawful commands, take business, and to fulfil such other care of his property, and promote covenants as may be agreed upon; his interest, endeavour to learn his and the latter agrees to serve the trade or business, and perform all the master during a definite period of covenants in his indenture not contime, in such art trade or business. trary to law. He cannot leave his The term during which the appren- master's service during the term of tice is to serve is also called his the apprenticeship. See, generally, apprenticeship. Pardessus Dr. Com. 2 Kent, Com. 211-214; 4 Bac. n. 34. This contract is generally Ab. 557; 1 Saund. R. 313, n. 1, 2, entered into by indenture or deed, 3, and 4; 3 Rawle R. 307; 3 Vin. and is to continue no longer than Ab. 19. In Pennsylvania the courts the minority of the apprentice. of quarter sessions and the mayors' The English statute law as to bind- courts, and the court of criminal ing out minors as apprentices to sessions for the city and county of learn some useful art, trade or busi- Philadelphia, have jurisdiction in ness, has been generally adopted in apprentice cases, and can rescind the United States, with some vari- the contract and cancel the inden ations which cannot be noticed here. tures. The law of France on this 2 Kent, Com. 212. The principal subject is strikingly similar to ours. Pardessus, Droit Commerc. n. 518- imputation, the payment must be 522. imputed to the debt which the APPRIZING, a name for an debtor had at the time most interest in action in the Scotch law, by which discharging of those that are equally a creditor formerly carried off the due, otherwise to the debt which has estates of his debtor in payment of fallen due, though less burdensome debts due to him; in lieu of which than those which are not yet payable. adjudications are now resorted to. If the debts be of a like nature, APPROPRIATION, contracts, the imputation is made to the less is the application of the payment burdensome; if all things are equal, of a sum of money, made by a it is made proportionally." This debtor to his creditor, to one of is a translation of the Code Naposeveral debts which are due by the léon, art. 1253-1256, slightly alformer to the latter. The debtor tered. See Poth. Obl. n. 528, transhas a right to appropriate the pay-lated by Evans, and the notes. ment to which debt he pleases; but TO APPROVE, approbare; to if, at the time of making such pay- increase the profits upon a thing; ment, he neglects to make such as to approve land by increasing the appropriation, the creditor has a rent. 2 Inst. 784. right to make it, unless the circum- APPROVEMENT, Eng. crim. stances show, or raise an inference law, is the act by which a person that the debtor had, at the time of indicted of treason or felony, and armaking payment, an intention to raigned for the same confesses the make such an appropriation. The same before any plea pleaded, and nature of the debts or claims makes accuses others, his accomplices, of no difference. Chitty, Contr. 277; the same crime, in order to obtain 3 Stark. Ev. 1093, n. (1) for the his pardon. This practice is disused. American cases on this subject; 14 Bl. Com. 330. 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. Stat. of Merton, 20 Hen. 8; F. N. B. 71; 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. Cromp. Inst. 250; 3 Inst. 129. Vern. R. by Raithby, 23, 24; 3 APPROVEMENT, in the English Vin. Ab. 33; Wheat. Dig. tit. Pay- law. 1. The enclosing the common ment. In Louisiana by statutory enactment, Civ. Code, art. 2159, 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 APPURTENANCES in common a receipt, by which the creditor has parlance and legal acceptation, is imputed what he has received to used to signify something belonging one of the debts especially, the to another thing as principal, and debtor can no longer require the which passes as incident to the prinimputation to be made to a different cipal thing. 10 Peters, R. 25; debt, unless there have been fraud Angell, Wat. C. 43; 1 Serg. & or surprise on the part of the credi- Rawle, 169; Cro. Jac. 121; 3 When the receipt bears no Saund. 401, n. 2; Wood's Inst. 121; tor. 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); 1 Lev. 131; 1 Sid. 211. AQUAGIUM, i. e. aquæ agium: 1. A water course;-2. A toll for water. ARBITRARY PUNISHM'TS, practice. Those punishments which are left to the decision of the judge, in distinction from those which are defined by statute. to be as available in law as a verdict of twelve men."-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, to 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 ARBITRATION, practice, is a made, together with the written reference and submission of a matter agreement entered into by the parin dispute concerning property, or ties; and it shall be the duty of the of a personal wrong, to the decision prothonotary on the affidavit of a of one or more persons as arbitrators. subscribing witness to the agreement, They are voluntary or compulsory. that it was duly executed by the The voluntary are, 1st. Those made parties, to file the same in his office; by mutual consent, in which the and on the agreement being so filed parties select the arbitrators, and as aforesaid, he shall enter the award bind themselves by bond to abide by on record, which shall be as available their decision; these are made with- in law as an award made under a out any rule of court; 3 Bl. Com. reference issued by the court, or 16.-2d. Those which are made in a entered on the docket by the parties." cause depending in court, by a rule Compulsory arbitrations are perhaps of court, before trial; these are ar- confined to Pennsylvania. Either bitrations at common law, and the party in a civil suit or action, or his award is enforced by attachment, attorney, may enter at the prothonoKyd. on Awards, 21.-3d. Those tary's office a rule of reference wherewhich are made by virtue of the in he shall declare his determination statute, 9 & 10 Will. 3, c. 15, by to have arbitrators chosen, on a day which it is agreed to refer a matter certain to be mentioned therein not in dispute not then in court, to arbi- exceeding thirty days, for the trial trators, and agree that the submission of all matters in variance in the suit be made a rule of court, which is between the parties. A copy of this enforced as if it had been made a rule is served on the opposite party. rule of court; Kyd. on Aw. 22; On the day appointed they meet at there are two other voluntary arbi- the prothonotary's, and endeavour to trations which are peculiar to Penn- agree upon arbitrators; if they cansylvania,-4th. The first of these is not, the prothonotary makes out a the arbitration under the act of 1705, list on which are inscribed the names which is a reference to arbitrators of a number of citizens, and the "chosen by the parties in open court, parties alternately strike each one the award or report of such referees of them from the list, beginning with being made according to the submis- the plaintiff, until there are but the sion of the parties, and approved by number agreed upon or fixed by the the court, and entered upon the prothonotary left, who are to be the record or roll, shall have the same arbitrators; a time of meeting is effect and shall be deemed and taken then agreed upon-or appointed by the prothonotary, when the parties in order to induce belief. Ratio cannot agree, at which time the probabilis et idonea ad faciendam arbitrators, after being sworn or fidem. The logicians define it more affirmed justly and equitably to try scientifically to be a means, which all matters in variance submitted to by its connexion between two exthem, proceed to hear and decide the tremes, establishes a relation becase; their award is filed in the tween them. This subject belongs office of the prothonotary and has rather to rhetoric and logic than to the effect of a judgment, subject, law. however to appeal, which may be ARGUMENTUM AB INCONentered at any time within twenty VENIENTI. An argument arising days after the filing of such award. from the inconvenience which the Act of 16th June, 1836, Pamphl. p. construction of the law would create, 715. This is somewhat similar to is to have effect only in a case where the arbitrations of the Romans; there the law is doubtful; where the law is the prætor selected from a list of certain, such an argument is of no citizens made for the purpose, one or force. 1 Bac. Ab. 491. more persons who were authorised to decide all suits submitted to them, and which had been brought before him; the authority which the prætor gave them conferred on them a public character, and their judgments were without appeal. Toull. Dr. of the new states of the United Civ. Fr. liv. 3, t. 3, ch. 4, n. 820. States. It was admitted into the See generally, Kyd. on Awards; Union by the act of Congress of June Caldwell on Arbitrations; 1 Bac. 15th, 1836, 4 Sharsw.cont. of Story's Ab. 201; 1 Salk. R. 69, 70–75; 2 L. U. S. 2444, by which it is deSaund. R. 133, n. 7; 2 Sell. Pr. clared that the state of Arkansas 241; Doct. Pl. 96; 3 Vin. Ab. 40. shall be one, and is hereby declared ARBITRATOR. A private ex- to be one of the United States of traordinary judge chosen by the America, and admitted into the parties who have a matter in dispute, Union on an equal footing with the invested with power to decide the original states in all respects what same. ARISTOCRACY is that form of government in which the sovereign power is exercised by a small number of persons to the exclusion of the remainder of the people. ARKANSAS. The name of one Arbitrators are so called be-ever. cause they have generally an arbi- ARMS. Any thing that a man trary power, there being in common wears for his defence, or takes in no appeal from their sentences, which his hands, or uses in his anger, to are called awards. Vide Caldw. on cast at or strike at another. Crompt. Arb. Index, h. t.; Kyd on Awards, Just. P. 65; Cunn. Dict. h. t. The Index. h. t. Constitution of the United States, ARCHES' COURT. Vide Court Amendm. art. 2, declares that “ of Arches. a well regulated militia being necessary ARMISTICE. Vide Truce. |