Page:Black's Law Dictionary (Second Edition).djvu/88

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


APPREHENSIO

APPREHENSIO. Lat. In the civil and old English law. A taking hold of a person or thing; apprehension; the seizure or can ture of a person. Calvin.

One of the varieties or subordinate forms of ac(-iumtio, or the mode of acquiring title to things not belonging to any one.

APPREHENSION. In practice. The seizure, taking, or a.rrest of a person on a criminal charge. The term “appreheusion" is applied exclusively to criminal cases, and “arrest” to both criminal and civil cases. Cummings v. C‘-llnton County, 181 M0. 162, 79 S. W. 1127; Rails County v. Stephens, 101 Mo. App. H5. 78 S. W. 291; Hogan v. Steph- lcl_. 179 Ill. 150. 53 N. E. 60-1, 44 L. R. A. 809.

In the civil law. A physical or corporal act, (co:pu.r,) on tile part of one who intends to acquire possesion of a thing, by which he brings himself into such a relation to the thing that he may subject it to his ex- clusive control; or by which he obtains the physical ability to exercise his power over the thing “ henever he pleases. One of the requisites to the acquisition of judicial possession, and by which, when accoinpnnierl by intention, (zinirnui-.) possession is acquired. Mackeld_ Rom. Law, §§ 248, 249. 250.

APPRENDRE. A fee or profit taken or rcceived_ Cowell.

APPRENTICE. A person, usually a minor, bound in due form of law to :1 master. to learn from him his art, trade. or business, and to serve him during the time of his apprenticeship. 1 Bl. Comm. 426; 2 Kent, Comm. 211; 4 Term, 735. Alteniiis v. Ely. 3 Rania (Pa.) 307 ; In re Goodenouzh, 19 Wis. H4; Phelps v. Railroad Co., 99 Pa. 113; Lyon v. Whiteinore, 3 N. J. Law, 845. —Apprentice en la. ley. An ancient name for students at law, and afterwards applied to counsellors, apprentici‘ ad bavrralz. from which comes the more modern word “harrister."

APPRENTICI-Isl-IIP. A contract by which one person, usually a minor, called the "apprentice," is bound to another person, called ilie “master," to serve him dnring a prescribed term of years in his art, trade, or business, in consideration of being instructed by the master in such art or trade, and (commonly) of receiving his sl1]1poi't and maintenance from the master during such term.

The term during which an apprentice is to serve.

The status of an apprentice; the relation subsisting between an apprentice and his master.

APPRENTICIUS AD LEGEM. An apprentice to the law: a law student; a counsellor below the degree of serjeant; a barrister. See Arriinivricn EN LA LEY.

80

APPROPRIATION

APPRIZING. In Scotch law. A form of process by which a creditor formerly took possession of the estates of the debtor in payment of the deht due. It is now super~ seded by adjudications.

APPROACH. In international law. The right of a ship of war, upon the high sea. to visit another vessel for the purpose of ascertaining the nationality of the latter. 1 Kent, Comm, 153, note.

APPROBATE AND REPROBATE. In Scotch law. To approve and reject: to tske advantage of one part, and reject the rest. Bell. Equity suffers no person to ap1>rol»ate and reprolmte the same deed 1 Kanies. Ed. 317: 1 Bell. Comm. 146.

APPROPRIATE. 1. To make a thing one's own: to make a thing the subject of property; to exercise dominion over an ob- ject to the extent, and for the purpose, of mnklng it suhserve one‘s 0W1] proper use or pleasure. The term is properly used in this sense to denote the acquisition of property and a right of exclusive enjoyment in those things which before were without an owner or were public! /in-is. United States v. Nicholson (D. C.) 12 Fed. 52:2; Wulzen v. San Francisco. 101 Cal. 15, 35 Pac. 35?. 40 Am. St. Rep. 17; People v. Lanimerts, 164 N. Y. 137, 53 N. E. 22.

2. To prescribe a particular use for particular moneys; to designate or dc-stine a fund or property for a distinct nse, or for the payment of a p.-irticuiar demand. White- head v. Gibbons, 10 l\'. J. Eq. 23.1: State v. Bordelon. 6 La. Ann. 68.

In its use with reference to payments or moneys, there is room for a distinction between this term and “apply." The former properly denotes the setting apart of a. fund or pay- ment for a particular use or pun-lose, or the mental act_nf resolving that it shall be so employcd, while “appiy" signifies the actual ex-

ndlture of the fund, or using the p-iviuont. or the purpose to which it has been appropriated. Practically, however, the words are used mterchangeahly.

3. To appropriate is also used in the sense of to distribute; in this sense it may denote the act of an executor or administrator who dlstributcs the estate of his dececlent among the icgatoes, heirs, or others entitled, in pursuance of his dutics and ac cording to their respective rights.

APPROPRIATION. The act of appro- priating: or setting apart; pr:-strihlng the destination of a thing: designating the use or application of a fund.

In public law. The act by which the legislative department of government designates a particular fund, or sets apart a spec- ified portion of the public reieiiue or of the money in the public treasury, to be applied to some general object of governmental

expenditure, (as the civil service list, ei.c.,)