Page:Black's Law Dictionary (Second Edition).djvu/84

From Wikisource
Jump to navigation Jump to search
This page needs to be proofread.


APOTHECARY. Any person who keeps a shop or building where iuedicliies are compounded or prepared fi('L‘0l(llilg to prescriptions of ph_~,sii:iaiis, or viiiere medicines are sold. Act Cuiig. July 13. 1866, c. 184. § 9, 14 Stat 119: Woodward v. Bull, 6 Car. & P. 577; Wcstinorel.ind v. Bragg. 2 Hill (S. O.) 414; Com. v. Fuller. 2 Wulii. (Pa.) 550.

The term “druggist' properly means one whose occupation is to buy and sell drugs without compounding or pi-epui-ing them. The term therefore has it much more limited and restricted meaning than the word "apothecary," and -there is little dlificulty in concluding that the term "drnggist" may be applied in a technical sense to persons who buy and sell drugs. State v. Hol.uies. 28 La. Ann. 767. 26 Am. Rep. 110: Apothecnrics’ Co. V. Greenough. 1 Q B. 803; State v. Donald- son. 41 Minn. 74, fl N. W. 781.

APPARATOR. A furnisher or provider. Formeily the sheriff, in England. had charge of certain county affairs and dishurseinents, in which capacity he was called “avpparatar comitutus." and received therefor a consider able emoiument. Cowell.

APPARENT. That which is obvious, evident, or maiiifest: What appears, or has been made manifest In respect to facts involved in an appeal or writ of error, that which is stated in the record.

—Appnrent danger, as used with reference to the doctrine of self-ileiunse in homidde, means such overt actual demonstration, by conduct and acts, of a design to take life or do some great -personal injury, as would make the killing apparently across. to self-preservation. Evans v. State. 44 M '. 773; Sloneman v. Com” 25 Grnt. (VIL) 896: Leigh v. People, 113 Ill. 379.—Appai-ant defects, in 1] ‘ng sold. are those which can he discovi-rcii by simple inspection. Code La. art. 2lfl'i‘.—Apparent easement. See EASE3!ENT.—Apparent heir. in English law. One whose right of inheritance is indefensible, provided he outlive the ancestor. 2 Bl. Comm. 208. In Scotch law. He is the person to whom the succession has acinnlly opcned. He is so cnlieil until his regular entry on the lands by service or inI'c[I.incnt on a precept of clare Oall.i‘tflt.—AppIl.l'el1I7 maturity. The apparent maturity of a negotiable instru- rncrit payable at a [)l1I'1lCl.ili\1‘ time is the day on which, by its terms, it becomes due, or, when that is a ho|idn_v_ the next business day. Civil Code Cal. § 3152.

APPARITIO. In old practice. Appear- ance; an appcaralice. Appii-ritio in jiuluio. an appearance in court. Bract. fol. 344. Post appiiritiuncm, after appearance. Fleta, lib. 6. C. 10, § 25.

APPARITOR. An officer or messenger employed to serve the process of the spin- itual courts in England and summon offenders. Couell.

In the civil law. An officer who wailed upon a magistrale or superior officer, and executed his commands. Calvin; God. 1:, 53‘57-


APPARLEMENT. In old English law. Resemhiunce; likelihood; as app-irlenient of war st. 2 Rich. II. st. 1, c. 6; Cuweii.

APPARURA. In old English law the appai'1ii'a were furniture, iinplenieiits. tackle, or apparel. Canum1un appaiiua, plow- tackle Cowell.

APPEAL. In civil practice. The coin- plaint to a superior court of an injustice done or eiror committed by an inferior one, whose judgment or decision the court ai.ove is called upon to coirect or reverse.

The removal of a cause from a court of inferior to one of superior jurisdiction, for the purpose of obtaining a review and retrial. Wlscart v. Dauchy, 3 Dnii. 321, 1 L. Ed. 619.

The (iis_tinction between, an appeal and a writ of ci'ro_r_is that an appeal is a process of cnil law_origin, and removes a cause enthely, sub- jecting the facts, as well as the law. to a rovieiv and revisal: but a writ of error is of common law orig,-in, and it removes nothing for re-ex- amination but the law. Wiscart v. I):iuclly. 3 Dull. 321. 1 L. Ed. 619: U. S. v. Gouilwin, 7 Crunch. 108 3 L. Ed. 284; Cnnrun::h.-un v. Neagle. 135 d. s. 1, 10 Sup. Ct. 658, :34 L

Ed. 55

But appeal is sometimes used to denote Lhe nature of appellate jurisdiction, as distinguished from original jurisdiction, without any particular regard to the mode by which 11 cause is transmitted to a supcrior jurisdiction. . S. v. Wonson, 1 Gail. 5, 12. Fed. Cos. No. 16.750.

In criminal practice. A formal accusation made lly one private person against an- other of having committed some heinous crime. 4 Bl. Comm. 312.

Appeal was also the name given to the proceeding in English law where 1] person, indicted of treason or felony, and arr.-iigned for the same, confessed the fact before plea pleaded, and appealed, or accused others. his accomplices in the same crime, in order to obtain his portion. In this case he “as cali- ed an "approver" or "prover," and the party appealed or accused, the “uppcIlee." 4 Bl. Comm. 330.

In legislation. The act by which a member of a legislative bodv who questions the correctness of I] decision of the presiding officer, or "chair." procures a vote of the body upon the decision.

In old French law. A mode of proceeding in the lords’ courts, where a party was (iiSS'liJSfl0d with the judgment of the peers, which “as by accusing them of having given ti false or malicious judgment, and offering to make good the charge ivy the duel or com-

bat. This was called the “appeal of false jnilszment." Montesq. Esprit des Lois, liv. 28, c. 27.

—Ap1ienl bond. The bond given on taking an arrpcill, by whiih the appellant hintis himsr-if to pay damages and costs if he fails to prosecute the appeal with effect. Omaha Hotel Co. 7. Knuntzc, ]07 U. S. 373. 2 Sup. Ct. 011. 27 L.

Ed. (309.—Cx-ass-appeal. Where both parties