Blacks Law Dict. 1st ed

76

APOCHA

ANTICIPATION

followers or dependents of the ancient Ger man chiefs, and of the kings and counts of the Franks. Biurill. ANUELS LIVRES. Books. Kelham. L. Fr. The Year APANAGE. In old French law. A pro vision of lands or feudal superiorities as signed by the kings of France for the main tenance 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 Hallam, Mid. Ages, pp. ii, 88; Wharton. APARTMENT. A part of a house oc cupied 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; 42 Ala. 356; 10 Pick. 293; 10 Mass. 190; 38 Cal. 137. APATISATIO. An agreement or com pact. Du Cange. APERTA BREVIA. Open, unsealed writs. APERTUM PACTUM. An overt act APERTURA 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 anything; the top; e. g., in mining law, "apex of a vein." See 26 N. W. Rep. 887. APEX JURIS. The summit of the law; a legal subtlety; a nice or cunning point of law; close technicality; a rule of law carried to an extreme point, either of severity or re* linemen t. Apices juris non sunt jura, [jus.] Ex tremities, or mere subtleties of law, are not rules of law, [are not law.] Co. Litt. 3046; 10 Coke, 126; Wing. Max. 19, max. 14; Broom, Max. 183. APICES LITIGANDI. Extremely fin© points, or subtleties of litigation. Nearly equivalent to the modern phrase "sharp prac tice." "It is unconscionable in a defendant to take advantage of the apices litigandi, ta turn a plaintiff around and make him pay costs when his demand is just." Per Lord Mansfield, in 3 Burr. 1243. APOCHA. Lat. In the civil law. A writing acknowledging payments; acquit tance. It differs from acceptation in this: that acceptation imports a complete dis

ANTICIPATION. The act of doing or taking a thing before its proper time. In conveyancing, anticipation is the act of assigning, charging, or otherwise dealing with income before it becomes due. In patent law, a person is said to have been anticipated when he patents a contrivance already known within the limits of the coun try granting the patent. ANTIGBAPHITS. In Eoman law. An officer whose duty it was to take care of tax money. A comptroller. ANTIGRAPHY. A copy or counterpart of a deed. ANTINOMIA. In Roman law. A real or apparent contradiction or inconsistency in the laws. Merl. Report. Conflicting laws or provisions of law; inconsistent or conflicting decisions or cases. ANTINOMY. A term used in logic and law to denote a real or apparent inconsisten cy or conflict between two authorities or propositions; same as antinomia, {q. v.) ANTIQUA 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 same articles, payable by foreign merchants, which was imposed at a later period of the same reign and was called "custuma nova." 1 Bl. Comm. 314. ANTIQUA STATUTA. Also called "Vetera Statuta." English statutes from the time of Richard I. to Edward III. 1 Reeve, Eng. Law, 227. 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 voted against a proposed law wrote on their ballots the letter "A," the initial of antiquo, I am for the old law. Calvin. ANTIQUUM DOMINICUM. In old English law. Ancient demesne. ANTITHETARIUS. In old English law. A man who endeavors to discharge himself of the crime of which he is accused, by retorting the charge on the accuser. He differs from an approver in this: that the lat ter does not charge the accuser, but others. Jacob. ANTBTTSTIO. In early feudal law. A confidential vassal. A term applied to the

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