KFLCC Kingdom Law 2nd Ed.

APPROVER

AQV2E IMMITTENDiB

82

In criminal law. An accomplice in crime who accuses others of the same offense, and is admitted as a witness at the discretion of the court to give evidence against his companions in guilt. He is vulgarly called "Queen's Evidence." He is one who confesses himself guilty of felony and accuses others of the same crime to save himself from punishment. Myers v. People, 26 111. 175. In old English, law. Certain men sent into the several counties to increase the farms (rents) of hundreds and wapentakes, which formerly were let at a certain value to the sheriff. Cowell. Bailiffs of lords in their franchises. Sher iffs were called the king's "approvers" in 1 Edw. III. st. 1, c. 1. Termes de la Ley, 49. Approvers in the Marches were those who had license to sell atod purchase beasts there. APFKUABE. To take to one's use or profit. Cowell. APPULSUS. In the civil law. A driv ing to, as of cattle to water. Dig. 8, 3, 1, 1. APPURTENANCE. That which belongs to something else; an adjunct; an append age; something annexed to another thing more worthy as principal, and which passes as incident to it, as a right of way or other easement to land; an out-house, barn, gar den, or orchard, to a house or messuage. Meek v. Breckenridge, 29 Ohio St 642; Har ris v. Elliott, 10 Pet. 54, 9 I* Ed. 333; Humphreys v. McKissock, 140 U. S. 304, 11 Sup. Ct. 779, 35 L. Ed. 473; Farmer v. Wa ter Co., 56 Cal. 11. Appurtenances of a ship include whatever is on board a ship for the objects of the voy age and adventure in which she is engaged, belonging to her owner. Appurtenant is substantially the same in meaning as accessory, but it is more technic ally used in relation to property, and is the more appropriate word for a conveyance. APPURTENANT. Belonging to; acces sory or incident to; adjunct, appended, or annexed to; answering to accessorium in the civil law. 2 Steph. Comm. 30 note. A thing is deemed to be incidental or ap purtenant to land when it is by right used with the land for its benefit, as in the case of a way, or water-course, or of a passage for light, air, or heat from or across the land of another. Civil Code Cal. § 662. In common speech, appurtenant denotes an nexed or belonging to; but in law it denotes an annexation which is of convenience mere ly and not of necessity, and which may have had its origin at any time, in both which re spects it is distinguished from appendant, (q v.)

APROVECHAMIENTO. Spanish law. Approvement, or improvement and en joyment of public lands. As applied to pueb lo lands, it has particular reference to the commons, and Includes not only the actual enjoyment of them but a right to such enjoy ment. Hart v. Burnett, 15 CaL 530, 566. APT. Fit; suitable; appropriate. — Apt time. Apt time sometimes depends up on lapse of time; as, where a thing is required to be done at the first term, or within a given time, it cannot be done afterwards. But the phrase more usually refers to the order of pro ceedings, as fit or suitable. Pugh v. York, 74 N. C. 383 — Apt words. Words proper to pro duce the legal effect for which they are intend ed; sound technical phrases. APTA VIRO. Fit for a husband; mar riageable; a woman who has reached mar riageable years. APUD ACTA. Among the acts; among the recorded proceedings. In the civil law, this phrase is applied to appeals taken orally, in the presence of the judge, at the time of judgment or sentence. AQUA. In the civil and old English law. Water; sometimes a stream or water-course. —Aqua sestiva. In Roman law. Summer water; water that was used in summer only Dig. 43, 20, 1, 3, 4— Aqua currens. Running water.— Aqua dulcis, or frisca. Fresh wa ter. Reg. Orig. 97; Bract fols. 117, 135.— Aqua fontanea. Spring water. Fleta, lib. 4, c. 27, § 8.— Aqua profluens. Flowing or run ning water. Dig. 1, 8, 2.— Aqua quotidiana. In Roman law. Daily water; water that might be drawn at all times of the year, (qua quts quotidie possit uti, si vellet.) Dig. 43, 20, 1-4. —Aqua salsa. Salt water. Aqua cedit solo. Water follows the land. A sale of land will pass the water which covers it. 2 Bl. Comm. 18; Co. Litt 4. Aqua currit et debet ourrere, ut cur rere solebat. Water runs, and ought to run, as it has used to run. 3 Bulst 339; 3 Kent, Comm. 439. A running stream should be left to flow in its natural channel, without alteration or diversion. A fundamental max im in the law of water-courses. AQUiE DUCTUS. In the civil law. 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. AQUiE HAUSTUS. In the civil law. 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. AQU.K IMMITTENDJE. A civil law easement or servitude, consisting in the right of one whose house is surrounded with other buildings to cast waste water upon the adja cent roofs or yards. Similar to the common In