KFLCC Kingdom Law 2nd Ed.

74

ANTICIPATION

APEX

pawn relates to movables, and the antichresis to immovables. The antichresis must be reduced to writing; and the creditor thereby acquires the right to the fruits, etc., of the immovables, deducting yearly their proceeds from the inter est, in the first place, and afterwards from the principal of his debt. He is bound to pay taxes on the property, and keep it in repair, unless the contrary is agreed. The creditor does not ^become the proprietor of the property by failure to pay at tine agreed time, and any clause to that effect is void. He can only sue the debtor, and obtain sentence for sale of the property. The possession of the property is, however, by the contract, transferred to the creditor. Liv ingston v. Story, 11 Pet. 351, 9 L. Ed. 746. 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. Topliff v. Topliff, 145 U. S. 156, 12 Sup. Ct. 825, 36 L. Ed. 658; Detroit, etc., Co. v. Renchard (C. C.) 9 Fed. 298; National Hollow Brake Beam Co. v. Interchangeable Brake Beam Co. (C. C.) 99 Fed. 772. ANTIGRAPHUS. In Roman law. An officer whose duty it was to take care of tax money. A comptroller. ANTIGRAPHY. A copy or counterpart of a deed. ANTZNOMIA. In Roman law. A real or apparent contradiction or inconsistency in the laws. Merl. Repert. 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 "Vet era 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. ANTICIPATION. The act of doing or

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 re torting the charge on the accuser. He differs from an approver in this: that the latter does not charge the accuser, but others. Jacob. ANTRUSTIO. In early feudal law. A confidential vassal. A term applied to the followers or dependents of the ancient Ger man chiefs, and of the kings and counts of the Franks. Burrill. ANUELS LIVRES. L. Fr. The Year Books. Kelham. 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; McMillan v. Solomon, 42 Ala. 356, 94 Am. Dec. 654; Commonwealth v. Estabrook, 10 Pick. (Mass.) 293; McLellan v. Dalton, 10 Mass. 190; People v. St. Clair, 38 Cal. 137. APATTSATIO. An agreement or com pact Du Cange. APERTA BREVIA. Open, unsealed writs. APERTUM FACTUM. 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. p., in mining law, "apex of a vein." See Larkin v. Upton, 144 U. S. 19, 12 Sup. Ct. 614, 36 L. Ed. 330; Stevens v. Williams, 23 Fed. Cas. 40; Dug gan v. Davey, 4 Dak. 110, 26 N. W. 887. — Apex juris. The summit of the law; a le gal subtlety; a nice or cunning point of law; close technicality; a rule of law carried to an extreme point, either of severity or refinement. —Apex rule. In mining law. The mineral laws of the United States give to the locator of a mining claim on the public domain the whole of every vein the apex of which lies with in his surface exterior boundaries, or within perpendicular planes drawn downward indef initely on the planes of those boundaries; and he may follow a vein which thus apexes within his boundaries, on its dip, although it may so far depart from the perpendicular in its course downward as to extend outside the vertical