KFLCC Kingdom Law 2nd Ed.

80

APPROPRIATION

APPREHENSIO

APPRIZING. In Scotch law. A form of process by which a creditor formerly took possession of the estates of the debtor In payment of the debt due. It is now super seded by adjudications. APPROACH. In international law. The right of a ship of war, upon the high sea, to visit another vessel for the purpose of ascertaining the nationality of the latter. 1 Kent, Comm. 153, note. APPROBATE AND REPROBATE. In Scotch law. To approve and reject; to take advantage of one part, and reject the rest Bell. Equity suffers no person to approbate and reprobate the same deed. 1 Karnes, Eq. 317; 1 Bell, Comm. 146. APPROPRIATE. 1. To make a thing one's own; to make a thing the subject of property; to exercise dominion over an ob ject to tiie extent, and for the purpose, of making it subserve one's own proper use or pleasure. The term is properly used in this sense to denote the acquisition of property and a right of exclusive enjoyment in those things which before were without an owner or were publici juris. United States v. Nich olson (D. C.) 12 Fed. 522; Wulzen v. San Francisco, 101 Cal. 15, 35 Pac. 353, 40 Am. St Rep. 17; People v. Lammerts, 164 N. Y. 137, 58 N. E. 22. 2. To prescribe a particular use for par ticular moneys; to designate or destine a fund or property for a distinct use, or for the payment of a particular demand. White head v. Gibbons, 10 N. J. Eq. 235; State v. Bordelon, 6 La. Ann: 68. In its use with reference to payments or mon eys, there is room for a distinction between this term and "apply." The former properly denotes the setting apart of a fund or pay ment for a particular use or purpose, or the mental act of resolving that it shall be so em ployed, while "apply" signifies the actual ex penditure of the fund, or using the payment, for the purpose to which it has been appropriat ed. Practically, however, the words are used interchangeably. 3. To appropriate is also used in the sense of to distribute; in this sense it may denote the act of an executor or adminis trator who distributes the estate of his de cedent among the legatees, heirs, or others entitled, in pursuance of his duties and ac cording to their respective rights. APPROPRIATION. The act of appro priating , or setting apart; prescribing the destination of a thing; designating the use or application of a fund. In public law. The act by which the legislative department of government desig nates a particular fund, or sets apart a spec ified portion of the public revenue or of the money in the public treasury, to be ap plied to some general object of governmental expenditure, (as the civil service list, etc>

APPREHENSIO. Lat In the civil and old English law. A taking hold of a person or thing; apprehension; the seizure or cap ture of a person. Calvin. One of the varieties or subordinate forms of occupatio, or the mode of acquiring title to things not belonging to any one. APPREHENSION. In practice. The seizure, taking, or arrest of a person on a criminal charge. The term "apprehension" is applied exclusively to criminal cases, and "arrest" to both criminal and civil cases. Cummings v. Clinton County, 181 Mo. 162, 79 S. W. 1127; Ralls County v. Stephens, 104 Mo. App. 115, 78 S. W. 291; Hogan v. Stoph let, 179 111. 150, 53 N. E. 604, 44 L. R. A. 809. In the civil law. A physical or corporal act, {corpus,) on the part of one who intends to acquire possession of a thing, by which he brings himself into such a relation to the thing that he may subject it to his ex clusive control; or by which he obtains the physical ability to exercise his power over the thing whenever he pleases. One of the requisites to the acquisition of judicial pos session, and by which, when accompanied by intention, (animus,) possession is acquir ed. Mackeld. Rom. Law, §§ 248, 249, 250. APPRENDRE. A fee or profit taken or received. Cowell. APPRENTICE. A person, usually a minor, bound in due form of law to a mas ter, to learn from him his art, trade, or business, and to serve him during the time of his apprenticeship. 1 Bl. Comm. 426; 2 Kent, Comm. 211; 4 Term, 735. Altemus r. Ely, 3 Rawle (Pa.) 307; In re Goodenough, 19 Wis. 274; Phelps v. Railroad Co., 99 Pa. 113; Lyon v. Whitemore, 3 N. J. Law, 845. —Apprentice en la ley. An ancient name for students at law, and afterwards applied to counsellors, apprentici ad barras, from which comes the more modern word "barrister." A contract by which one person, usually a minor, called the "apprentice," is bound to another person, called the "master," to serve him during a prescribed term of years in his art, trade, or business, in consideration of being instruct ed by the master in such art or trade, and (commonly) of receiving his support and maintenance from the master during such term. The term during which an apprentice is to serve. The status of an apprentice; the relation subsisting between an apprentice and his master. APPRENTICES AD LEGEM. An ap prentice to the law; a law student; a coun sellor below the degree of Serjeant; a bar rister. See APPRENTICE EN I^A. LET. APPRENTICESHIP.