Blacks Law Dict. 1st ed

77

APOCHJE ONERATORLffl

APPARENT EASEMENT

APOSTOLI. In the civil law. Certifi cates of the inferior judge from whom a cause is removed, directed to the superior. Dig. 49, 6. See APOSTLES. APOSTOLUS. A messenger; an ambas sador, legate, or nuncio. Spelman. APOTHECA. In the civil law. A re pository; a place of deposit, as of wine, oil, books, etc. Calvin. APOTHECARY. Any person who keeps a shop or building where medicines are com pounded or prepared according to prescrip tions of physicians, or where medicines are sold. Act Cong. July 13,1866, § 9; 14 St. at Large, 119. The term "druggist" properly means one whose occupation is to buy and sell drugs without compounding or preparing them. The term therefore has a much more limited and restricted meaning than the word "apoth ecary, " and there is little difficulty in con cluding that the term "druggist" maybe ap plied in a technical sense to persons who buy and sell drugs. 28 La. Ann. 767. APPARATOB. A furnisher or provider. Formerly the sheriff, in England, had charge of certain county affairs and disbursements, in which capacity he was called "apparator comitatus," and received therefor a consider able emolument. Cowell. APPARENT. That which is obvious, evident, or manifest; what appears, or has been made manifest. In respect to fads involved in an appeal or writ of error, that which is stated in the record. APPABENT DANGEE, as used with reference to the doctrine of self-defense in homicide, means such overt actual demon stration, by conduct and acts, of a design to take life or do some great personal injury, as would make the killing apparently necessary to self-preservation. 44 Miss. 762. APPABENT DEFECTS, in a thing sold, are those which can be discovered by simple inspection. Code La. art. 2497. APPABENT EASEMENT. Apparent or continuous easements are those depending upon some artificial structure upon, or nat ural formation of, the servient tenement, ob vious and permanent, which constitutes the easement or is the means of enjoying it; as the bed of a running stream, an overhang ing roof, a pipe for conveying water, a drain, or a sewer. Non-apparent or non continuous easements are such that have no

charge of the former obligation whether pay ment be made or not; apocha, discharge only u\ on payment being made. Calvin. APOCHJE ONERATOBLS!. In old commercial law. Bills of lading. APOCBISABIUS. In ecclesiastical law. One who answers for another. An officer whose duty was to carry to the emperor mes sages relating to ecclesiastical matters, and to take back his answer to the petitioners. An officer who gave advice on questions of ecclesiastical law. An ambassador or legate of a pope or bishop. Spelman. APOCBISARIUS CANCELLABIUS. In the civil law. An officer who took charge of the royal seal and signed royal dispatches. APOGBAPHIA. A civil law term sig nifying an inventory or enumeration of things In one's possession. Calvin. APOPLEXY. In medical jurisprudence. The failure of consciousness and suspension of voluntary motion from suspension of the functions of the cerebrum. APOSTACY. In English law. The total renunciation of Christianity, by embracing either a false religion or no religion at all. This offense can only take place in such as have once professed the Christian religion. 4 Bl. Comm. 43; 4 Steph. Comm. 231. APOSTATA. In civil and old English law. An apostate; a deserter from the faith; one who has renounced the Christian faith. Cod. 1, 7; Reg. Orig. 716. APOSTATA CAPIENDO. An obsolete English writ which issued against an apos tate, or one who had violated the rules of his religious order. It was addressed to the sheriff, and commanded him to deliver the defendant into the custody of the abbot or prior. Reg. Orig. 71, 267; Jacob; Wharton. APOSTILLE, Appostille. L. Fr. An addition; a marginal note or observation. Kelham. APOSTLES. In English admiralty prac tice. A term borrowed from the civil law, denoting brief dismissory letters granted to a party who appeals from an inferior to a su perior court, embodying a statement of the case and a declaration that the record will be transmitted. This term is still sometimes applied in the admiralty courts of the United States to the papers sent up or transmitted on appeals.

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