Page:Black's Law Dictionary (Second Edition).djvu/90

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APPROVER

In criminal law. An accomplice in crime who accuses others of the same offense, and is adiultrcd as a witness at the discretion of the court to give evidence against his companions in guilt. He is vulgariy called "Queen's Evidence."

He is one who confesses himself guilty of felony and accuses others of the same crime to save himself from punishment. Myers v. People, 26 I11. 175.

In old English law. Certain men sent into the several counties to increase the farms (rents) of hundreds and wapentalies, which foriiicriv were let at a certain value to the sheriff. Cowell.

Bailiffs of lords in their franchises. Sherifls were called the l;ing's “approvers” in 1 lddw. III. st. 1, c. 1. Termes de la Ley, 49.

Ap])r0\ ers in the Marches were those who had license to sell and purchase beasts there.

APPRUARE. To take to one's use or profit. (‘rm-ell.

AJPPULSUS. In the civil law. A driving to, as of cattle to water. Dig. 8, 3, 1, 1.

APPURTENANCE. That which belongs to something else; an adjunct; an append- age; something annexed to another thing more worthy as priiicipai, and which passes as incident to it, as a right of any or other I st-inent to land; an out-house, barn, garden, or orchard, to st house or iuessuage. ileek v. Bret-_l:enri(1ge, 29 Ohio St (3-L2: Harris v. Elliott, 10 Pet. 5-1, 9 L Ed. llniuphi-e_\'s v. hlchissocli, 140 U. S. 304, 11 Sup. Ct. , 35 L. Ed. 473; Farmer v. Water Co. 56 Cal. 11.

Appui tenances of a ship include whatever is on board a ship for the objects of the \-o_\,- age and adventure in which she is engaged. belonging to her owner.

Azipurtenant is substantially the same in meaning as accessory, but it is more technically used in relation to property, and is the more appropriate word for a conveyance.

APPURTENANT. Belonging to; accessory or incident to; adjunct, appended. or annexed to; answering to accrcsaorium in the civil law. 2 St‘ED1i. Comm. 30 note.

A thing is deemed to be incidental or uppmtcmmt to land when it is by right used with the land for its benefit, as in the case of a nay, or water-course, or of a passage for light. air, or heat from or nor 5 the land of another. Civil Code Cal. §

In common speech, appurtenant denotes annexed or belonging to; but in law it denotes an annexation which is of convenience mere- ly and not of necessity, unri which may huve had im origin at any time, in both which respccts it is distinguished from appendant, (IL 1-’-3

82 AQUE IMMITTENDZE

A.'PROV'EGI-IAMIENTO. In Spanish luw. Approvemeut, or improvement and en- joyment of public lands. As applied to pueb- lo lands, it has particular reference to the commons, and includes not only the actual enjoyment of them but a right to such enjoy- ment. Uart v. Burnett, 15 Cal. 530, 566.

APT. Fit; suitable; appropriate.

—A 1: time. Apt time sometimes depends Im- on ups: of time; as, “here a thing is required tn he dune at the fil'St telru, or within a given time, it cannot be done afterwards. But the phrase more usually refers to the order of proceedin:s, as (it or suilable. Pugh v. York. 74 N. C. 3‘>'3.—Apt words. WDrds proper to pro- duce the legal nflfect for which they are intended; sound teclmit-:1] phrases.

APTA VIRO. Fit for a hubrind; marringenble; a woman who has reached murrmgonhle years.

APUD ACTA. Among the acts; among the recorded proceedings. In the civil law. this phrase is applied to appeals taken orally. in the presence of the judge, at the tmie or judgment or sentence.

AQUA. In the civil and old English law. Water; sometimes a stream or water course

—Aqua acstiva. In Roman law. Summer

“aler: water that was used in summer only Dig. 43. 20. 1, 3. 4.—Aqua currens. Running water.—Aqnn duleis, or frisoa. Fresh wa-

ter. Rog. 0ri:z. 97; Bi-act fols. 117, Aqua funtanea. Spring Water. F]et=1,l . , c. ‘ , 8.—Aqua px-oflucns. Flowing or running water, Dig. 1, 8. 2.—Aqna quutidiana. In Roman law. Daily water; water that might be diawn at all times of the year, iqmz qius quotiriic possii uti. si vrllet.) Dig. 43, 20, 1-4. —Aqua salsa. Salt water.

Aqua nedit solo. Water follows the land. A sale of land \\ ill pass the water which covers it 2 Bl. Comm 18; Co. Litt. 4.

Aqua currit at debet carrere, ut currere solebat. Water runs, and ought to run, as it has used to run. 3 Bulst. 339; 3 Kent, Comm. 439. A running SIZl‘Ei1i1‘l should be left to flow in its natural channel, without alteration or diversion. A fundamental max- im in the law of water-courses.

AQUIE DUCTUS. 1.11 the civil law. 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, 1; Inst. 2, 8.

AQUIE HAUSTUS. In the civil law. A servitude which consists in the right to draw water from the fountain, pool, or spring of another. Inst. 2, 8, 2: Dig. 8, 8, 1, 1.

AQUIE IMMITTENDIE. A civil law easement or servitude, consisting in the right of one whose house is surrounded with other buildings to cast waste water upon the adja-

cent roofs or yards. Similar to the common