TO APPROVE, approbare. To increase the profits upon a thing;
as to approve land by increasing the rent. 2 Inst. 784.
APPROVEMENT, English crim. law. The act by which a person indicted of
treason or felony, and arraigned for the same, confesses the same before any
plea pleaded, and accuses others, his accomplices, of the same crime, in order
to obtain his pardon. 2 This practice is disused. 4 Bl. Com. 330 1 Phil. Ev. 37.
In modern practice, an accomplice is permitted to give evidence against his
associates. 9 Cowen, R. 707; 2 Virg. Cas. 490; 4 Mass. R. 156; 12 Mass. R. 20; 4
Wash. C. C. R. 428; 1 Dev. R. 363; 1 City Hall Rec. 8. In Vermont, on a trial
for adultery, it was held that a particeps criminis was not a competent witness,
because no person can be allowed to testify his own guilt or turpitude to
convict another. N. Chap. R. 9.
APPROVEMENT, English law. 1. The inclosing of common land within the
lord's waste, so as to leave egress and regress to a tenant who is a commoner.
2. The augmentation of the profits of land. Stat. of Merton, 20 Hen. VIII.; F.
N. B. 72 Crompt. Jus. 250; 1 Lilly's Reg. 110.
APPROVER, Bngl. crim. law. One confessing himself guilty of felony,
and approving others of the same crime to save himself. Crompt. Inst. 250 3
APPURTENANCES. In common parlance and legal acceptation, is used to
signify something belonging to another thing as principal, and which passes as
incident to the principal thing. 10 Peters, R. 25; Angell, Wat. C. 43; 1 Serg.
& Rawle, 169; 5 S. & R. 110; 5 S. & R. 107; Cro. Jac. 121 3 Saund.
401, n. 2; Wood's Inst. 121 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; 1 Bos. & P. 371 1 Cr. & M. 439; 4 Ad., & Ell. 761; 2 Nev. &
M. 517; 5 Toull. n. 531. 2. The word appurtenances, at least in a deed, will not
pass any corporeal real property, but only incorporeal easements, or rights and
privileges. Co. Lit. 121; 8 B. & C. 150; 6 Bing. 150; 1 Chit. Pr. 153, 4.
APPURTENANT. Belonging to; pertaining to of right.
AQUA. Water. This word is used in composition, as aquae ductus,
&c. 2. It is a rule that water belongs to the land which it covers, when it
is stationary: aqua cedit solo. But the owner of running water, or of a water
course, cannot stop it the inferior inheritance having a right to the flow: aqua
currit et debet currere, ut currere solebat.
AQUAE DUCTUS, civil law. The name of 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, 3; Lalaure, Des Serv. c. 5, p. 23.
AQUAE HAUSTUS, civil law. The name of a servitude which consists in
the right to draw water from the fountain, pool, or spring of another. Inst. 2,
3, 2; Dig. 8, 3, 1, 1.
AQUAE IMMITTENDAE, Civil law. The name of a servitude, which
frequently occurs among neighbors. It is the right which the owner of a house,
built in such a manner as to be surrounded with other buildings, so that it has
no outlet for its waters, has, to cast water out of his windows on his
neighbor's roof court or soil. Lalaure, Des. Serv. 23.
AQUAGIUM, i. e. aquae agium. 1. A water course. 2. A toll for
AQUATIC RIGHTS. This is the name of those rights which individuals
have in water, whether it be running, or otherwise.
ARBITER. One who, decides without any control. A judge with the most
extensive arbitrary powers; an arbitrator.
ARBITRAMENT. A term nearly synonymous with arbitration. (q. v.)
ARBITRAMENT AND AWARD. The name of a plea to an action brought for the
same cause which had been submitted to arbitration, and on which an award had
been made. Wats. on Arb. 256.
ARBITRARY. What depends on the will of the judge, not regulated or
established by law. Bacon (Aphor. 8) says, Optima lex quae minimum relinquit
arbitrio judicis et (Aph. 46) optimus judex, qui mi nimum sibi
2. In all well adjusted systems of law every thing is regulated, and nothing
arbitrary can be allowed; but there is a discretion which is sometimes allowed
by law which leaves the judge free to act as he pleases to a certain extent. See
ARBITRARY PUNISHMENTS, practice. Those punishments which are left to
the decision of the judge, in distinctiou from those which are defined by
ARBITRATION, practice. A reference and submission of a matter in
dispute concerning property, or of a personal wrong, to the decision of one or
more persons as arbitrators.
2. They are voluntary or compulsory. The voluntary are, 1. Those made by
mutual consent, in which the parties select arbitrators, and bind themselves by
bond abide by their decision; these are made without any rule of court. 3 Bl.
3. – 2. Those which are made in a cause depending in court, by a rule of
court, before trial; these are arbitrators at common law, and the award is
enforced by attachment. Kyd on Awards, 21.
4. – 3. Those which are made by virtue of the statute, 9 & l0 Will. III.,
c. 15, by which it is agreed to refer a matter in dispute not then in court, to
arbitrators, and agree that the submission be made a rule of court, which is
enforced as if it had been made a rule of court; Kyd on Aw. 22; there are two
other voluntary arbitrations which are peculiar to Pennsylvania.
5. – 4. The first of these is the arbitration under the act of June 16, 1836,
which provides that the parties to, any suit may consent to a rule of court for
referring all matters of fact in controversy to referees, reserving all matters
of law for the decision of the court, and the report of the referees shall have
the effect of a special verdict, which is to be proceeded upon by the court as a
special verdict, and either party may have a writ of error to the judgment
6. – 5. Those by virtue of the act of 1806, which authorizes " any person or
persons desirous of settling any dispute or controversy, by themselves, their
agents or attorneys, to enter into an agreement in writing, or 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 deliver20it to the
party in whose favor it shall be made, together with the written agreement
entered into by the parties; and it shall be the duty of the prothonotary, on
the affidavit of a subscribing witness to the agreement, that it was duly
executed by the parties, to file the same in Iiis office; and on the agreement
being so filed as aforesaid, he shall enter the award on record, which shall be
as available in law as an award made under a reference issued by the court, or
entered on the docket by the parties."
7. Compulsory arbitrations are perhaps confined to Pennsylvania. Either party
in a civil suit or action,, or his attorney, may enter at the prothonotary's
office a rule of reference, wherein be shall declare his determination to have
arbitrators chosen, on a day certain to be mentioned therein, not exceeding
thirty days, for the trial of all matters in variance in the suit between the
parties. A copy of this rule is served on the opposite party. On the day.
appointed they meet at the prothonotary's, and endeavor to agree upon
arbitrators; if they cannot, the prothonotary makes out a list on whicb are
inscribed the names of a number of citizens, and the parties alternately strike
each one of them from the list, beginning with the plaintiff, until there are
but the number agreed upon or fixed by the prothonotary left, who are to be the
arbitrators; a time of meeting is then agreed upon or appointed by the
prothonotary, when the parties cannot agree, – at which time the arbitrators,
after being sworn or affirm and equitably to try all matters in variance
submitted to them, proceed to bear and decide the case; their award is filed in
the office of the prothonotary, and has the effect of a judgment, subject,
however, to appeal, which may be entered at any time within twenty days after
the filing of such award. Act of 16th June, 1836, Pamphl. p. 715.
8. This is somewhat similar to the arbitrations of the Romans; there the
praetor selected from a list Of citizens made for the purpose, one or more
persons, who were authorized to decide all suits submitted to them, and which
had been brought before him; the authority which the proctor gave them conferred
on them a public character and their judgments were without appeal Toull. Dr.
Civ. Fr. liv. 3, t. 3, ch. 4, n. 820. See generally, Kyd on Awards; Caldwel on
Arbitrations; Bac. Ab. h. t.; 1 Salk. R. 69, 70-75; 2 Saund. R. 133, n 7; 2
Sell. Pr. 241; Doct. PI. 96; 3 Vin. Ab. 40; 3 Bouv. Inst. n. 2482.
ARBITRATOR. A private extraordinary judge chosen by the parties who
have a matter in dispute, invested with power to decide the same. Arbitrators
are so called because they have generally an arbitrary power, there being in
common no appeal from their sentences, which are called awards. Vide Caldw. on
Arb. Index,. h. t.; Kyd on Awards, Index, h. t. 3 Bouv. Inst. n. 2491.
ARBOR CONSANGUINITATIS. A table, formed in the shape of a tree, in
order to show the genealogy of a family. The progenitor is placed beneath, as if
for the root or stem the persons descended from him are represented by the
branches, one for each descendant. For example : if it be desired to form the
genealogical tree of Peter's family, Peter will be made the trunk of the tree;
if he has two sons, John and James, their names will be written on the first two
branches, which will themselves shoot as many twigs as John and James have
children; these will produce others, till the whole family shall be represented
on the tree.
ARCHAIONOMIA. The name of a collection of Saxon laws, published during
the reign of the English Queen Elizabeth, in the Saxon language, with a Latin
version, by Mr. Lambard. Dr. Wilkins enlarged this. collection in his work,
entitled Leges Anglo Saxonicae, containing all the Saxon laws extant, together
with those ascribed to Edward the Confessor, in Latin; those of William the
Conqueror, in Norman and Latin; and of Henry I., Stephen, and Henry II., in
ARCHBISHOP, eccl. law. The chief of the clergy of a whole province. He
has the, inspection of the bishops of that province, as well as of the inferior
clergy, and may deprive them on notorious cause. The archbishop has also his own
diocese, in which he exercises, episcopal jurisdiction, as in his province he
exercises archiepiscopal authority. 1 Bl. Com. 380; L. Raym. 541; Code, 1,
ARCHES COURT. The name of one of the English ecclesiastical courts.
Vide Court of Arches.
ARCHIVES. Ancient cbarters or titles, which concern a nation, state,
or community, in their rights or privileges. The place where the archives are
kept bears the same name. Jacob, L. D. h. t.; Merl. Rep. h. t.
ARCHIVIST. One to whose care the archives have been confided.
ARE. A French measure of surface. This is a square, the sides of which
are of the length of ten metres. The are is equal to 1076.441 square feet. Vide
AREA. An enclosed yard or opening in a house; an open place adjoining
to a house. 1 Chit. Pr. 176.
AREOPAGITE. A senator, or a judge of the Areopagus. Solon first
established the Areopagites; although some say, they were established in the
time of Cecrops, (Anno Mundi, 2553,) the year that Aaron, the brother of Moses,
died; that Draco abolished the order, and Solon reestablished it. Demosthenes,
in his harangue against Aristocrates, before the Areopagus, speaks of the
founders of that tribunal as unknown. See Acts of the Apostles, xviii. 34.
AREOPAGUS. A tribunal established in ancient Athens, bore this name.
It is variously represented; some considered as having been a model of justice
and perfection, while others look upon it as an aristocratic court, which had a
very extended jurisdiction over all crimes and offences, and which exercised an
absolute power. See Acts 17, 19 and 22.
ARGENTUM ALBUM. White money; silver coin. See Alba Firma,
ARGUMENT, practice. Cicero defines it ii probable reason proposed in
order to induce belief. Ratio probabilis et idonea ad faciendam fidem. The
logicians define it more scientifically to be a means, which by its connexion
between two extremes) establishes a relation between them. This subject belongs
rather to rhetoric and logio than to law.
ARGUMENT LIST. A list of cases put down for the argument of some point
ARGUMENTATIVENESS. What is used by way of reasoning in pleading is so
2. It is a rule that pleadings must not be argumentative. For example, when a
defendant is sued for taking away the goods of the plaintiff, he must not plead
that "the plaintiff never had any goods," because although this may be an
infallible argument it is not a good plea. The plea should be not guilty. Com.
Dig. Pleader R 3; Dougl. 60; Co. Litt. 126 a.
ARGUMENTUM AB INCONVENIENTI. An argument arising from the
inconvenience which the construction of the law would create, is to have effect
only in a case where the law is doubtful where the law is certain, such an
argument is of no force. Bac. Ab. Baron and Feme, H.
ARISTOCRACY. 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
ARISTODEMOCRACY. A form of government where the power is divided between
the great men of the nation and the people.