Page:Black's Law Dictionary (Second Edition).djvu/82

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ANTICIPATION

paw-n relates to movnbies, and the antichresis to immovables. The antirhrrsis must he reduce to writing; and [he creditor thereby acquires the right to [he frui s, etc., of Line immovabies. deducting yearly their proceeds from the interest, in the first piace, and afterwards from the principal of his debt. Iie is bound to pay taxes on the property, and keep it in repair, unless the contrary is agrrl-d The creditor does not become the proprietor of the property by failure to pay at the Agreed time, and any clause to that ciIect is void. He can only sue the debtor, -and nl)t'un sentence for sale of the property. The possession of the property is. however, by the contract. transferred to the creditor. Livingston v. Story, 11 Pet. 351, 9 L. E_d. 746.

ANTICIPATION. The act of doing or taking a thing before its proper time.

In convey iucing, anticipation is the act of assigning. charging, or otherwise dealing with income before it becomes due.

In patent law, :1 person is said to have been anticipated when he patents in contrlvance already known within the limits of the country granting the patent. Topiiff v. Topllllt, 143 U. S. 156, 12 Sup. Ct. 825. 36 L. Ed. 658; Detroit. etc., Co. v. Renchard (P. C.) 9 Fed. 298: National Hollow Brake Beam Co. v. interchangeable Brake Beam Co. (C. 0.) 99 Fed 772.

ANTIGRAPHUS. In Roman law. An officer whose duty it was to take care of tax money. A comptroller.

ANTIGRAP1-IY. A copy or counterpart of 1] deed.

ANTINOMIA. In Roman law. A real or apparent contradiction or inconsistency in the laws. Merl. Iiepert. Confllctlng laws or provisions of law; inconsistent or couflicting 1'ie(iSl0IiS or cases.

ANTINOMY. A term used in logic and law to denote a real or apparent inconsistecny or coafllct bet“ een two authorities or propositions: same as umtinomiu. (q. 1:.)

ANTIGUA CUSTUMA. In English law. Ancient custom. An export duty on wool. wool-felts, and leather, imposed during the reign of Edw. I. It was so called by way of distinction from an increased duty on the some articles. payable by foreign merchants_ which was imposed at a later period of the same reign and was called “custrumn. no-ta." 1 Bl. Comm. 314.

ANTIGUA STATIITA. Also called “Vel- em Statutu." English statutes from the time

of Richard I. to Edward III. 1 Reeve, Eng. Law. 2%. ANTIQUARE. In Roman law. To re-

store a former law or practice: to reject or vote against a new law; to prefer the old law. Those who vobed against a proposed law wrote on thslr ballots the letter “A,” the initial of antiqua, 1 am for the old law. Calvin.

74

APEX

ANTIQUUM DOMINICUM. English law. Ancient demesne.

In old

ANTITHETARIUS. In old English law. A man who endeavors to discharge himself of the crime of which he is accused, by retortmg the charge on the accuser. He differs from an approver in this: that the lstter does not charge the accuser, but others. Jacob.

ANTRUSTIO. In early feudal law. A confidential vassal. A term applied to the followers or dependents of the ancient German chiefs, and of the kings and counts of

the Franks. Burrill.

ANUELS LIVE]-3S. L. Fr. The Yell!’ Books. Kelham.

APANAGE.}} In old French law. A pi‘D<

vision of lands or feudal superiorities assigned by the kings of France for the maintenance of their younger sons. An allow- ance assigned to a prince of the reigning house for his proper maintenance out of the public treasury. 1 Hailam, Mid. Ages, pp. ii. 88; Wharton.

APARTMENT. A part of a house occupied by a person, while the rest is occupied by another, or others. As to the meaning of this term. see 7 Man. & G. 95; 6 Mod. 214; McMillan v. Solomon, 42 Ala. 3%. 94 Am. Dec. (351: Commonwealth v. Estnhrook, 10 Pick. (Mass) 293; i\IcLellan v. Dalton, 10 Mass. 190; People v St. Clair, 88 Cal. 137.

APATISATIO. pact. Du Cange.

An agreement or com-

APERTA BREVIA. writs,

0pe.n, unsealed

APERTUM FACTUM. An overt act.

APIIRTURA TESTAMENTI. In the civil law. A form of proving a will, by the witnesses acknowledging before a magistrate their having sealed it.

APEX. The summit or highest point of anythm; the top; e. g., in mining law, “apex of a vein." See I/arkin v. Upton. 1-1-1 U. S. 19. 12 Sup. Ct. 614, 36 L. Ed. 330; Stevens v. Williams, 23 Fed. Cas. 40; Duggan v. Davey, 4 Dak. 110. 26 N. W. 337.

—Apex jnris. The summit of the law; a le- gal subtlety; a nice or cunning point of law; close technicality; a rule of law carried to an extreme point, either of severity or refinement. —Apex rule. In mining law. The mineral [ans of the United States give to the iocator of a mining claim on the public domain the whole of every vein the apex of u i.li('i1 lies with- in his surface exterior boundaries, or within perpendicular planes drawn downward indef- initciy on the planes of those boundaries; and he may follow a vein which thus apexes within his boundaries, on its dip. although it may so far depart from the perpendicular in its course

downward as to extend outside the vertical