common bails, by bill against members of the House of Commons, | ib. 120; or on common process, against the person, in the King's Bench, ib. 240; and in the Exchequer, on the appearance book, in the office of pleas, ib. 120. As to appearance by guardian and next friend, vide Infants, &.c. APPEARAND HEIR, is any person who has a right to succeed in an heretable subject, but is not actually entered: though in the more strict acceptation of the word, it is understood only of descendants. Scotch Dict. APPELLANT. The party by whom an appeal is made. The other party is termed Respondent. APPENDANT, appendens.] Is a thing of inheritance, belonging to another inheritance that is more worthy. As an advowson, common court, &c. may be appendant to a manor, common of fishing appendant to a freehold land appendant to an office; a seat in a church to a house, &c.; but land is not appendant to land, both being corporeal, and one thing corporeal may not be appendant to another that is corporeal; but an incorporeal thing may be appendant to it. Co. Lit. 121: 4 Rep. 86: Danv. Ab. 500. A forest may be appendant to an honour; and waifs and estrays to a leet. Co. Lit. 367. And incorporeal things, advowsons, ways, courts, commons, and the like, are properly parcel of and appendant or corporeal things; as houses, land, manors, &c. Plowd. 170: 4 Rep. 38. If one disseise me of common appendant belonging to my manor, during the disseisin I sell the manor; by this the common is extinct for ever. 4 Ed. 3. 21: 11 Rep. 47. Common of estovers cannot be appendant to land; but to a house to be spent there. Co. Lit. 120. By the grant of a messuage, the orchard and garden will pass as appendant. and Appendants are ever by prescription, and this makes a distinction between appendants and appurtenances, for appurtenances may be created in some cases at this day; as if a man at this day grant to a man and his heirs, common in such a moor for his beasts, levant or couching upon his manor; or if he grant to another common of estovers, or turbury in fee-simple, to be burnt or spent within his manor; by these grants these commons are appurtenant to the manor, and shall pass by the grant thereof; in the civil law it is called adjunctum. Co. Lit. 121. b. A way may be quasi appendant to a house, &c., and as such pass by grant thereof. Cro. Jac. 190. What things may be appendant. Vide Plow. Com. 103. b. 104. b. 170. See also tit. Appurtenances. APPENDITIA. The appendages or pertinences of an estate. Hence our pentices or pent-houses, are called appenditia domus, &c. APPENNAGE, or apennage, Fr.] Is derived from appendendo; or the German word apanage, signifying a portion. It is used for a child's part or portion; and is properly the portion of the king's younger children in France. Spelm. Gloss. APPENSURA. The payment of money at the scale or by weight. Hist. Elien. edit. Gale, 1. 2. c. 19. APPLES. A duty is granted on all apples imported into Great Britain. By what measure apples are to be sold, see 1 A. st. 1. c. 15. APPODIARE. A word used in old historians, which signifies to lean on, or prop up any thing, &c. Walsingham, ann. 1271: Mat. Paris. Chron. Aulæ Regiæ, ann. 1321. c. 2. APPOINTMENTS, under Power. See tit. Power. APPONERE. To pledge or pawn. Newbrigensis, lib. 1. APPORTIONMENT, apportionamentum.] Is a dividing of a rent, &c. into parts, according as the land out of which it issues is divided among two or more. If a stranger recovers part of the land, a lessee shall pay, having regard to that recovered and what remains in his hands. Where the lessor recovers part of the land, or enters for a forfeiture into part thereof, the rent shall be apportioned. Co. Lit. 148. If a man leases three acres, rendering rent, and afterwards grants away one acre, the rent shall be apportioned. Co. Lit. 144. Lessee for years leases for years, rendering rent, and after devises this rent to three persons, this rent may be apportioned. Danv. Abr. 505. If a lessee for life or years under rent surrenders part of the land, the rent shall be apportioned: but where the grantee of a rent-charge purchases part of the land, there all is extinct at law. Moor, 231. But he shall have relief in equity. Fonblanque's Treatise of Equity, i. 379. A rent charge, issuing out of land, may not be apportioned: nor shall things entire, as if one holds lands by service to pay yearly to the lord, at such a feast, a horse, &c. Co. Lit. 149. But if part of the land, out of which a rent-charge issues, descends to the grantee of the rent, this shall be apportioned. Danv. 507. A grantee of rent releases part of the rent to the grantor, this doth not extinguish the residue, but it shall be apportioned: for here the grantee dealeth not with the land, only the rent. Co. Lit. 148. On partition of lands out of which a rent is issuing, the rent shall be apportioned. Danv. Abr. 507. And where lands held by lease, rendering rent, are extended upon elegit, one moiety of the rent shall be apportioned to the lessor. Ibid. 509. If part of lands leased is surrounded by fresh water, there shall be no apportionment of rent; but if it be surrounded with the sea, there shall be an apportionment of the rent. Dyer, 56. The stat. 11 G. 2. c. 19. § 15. has, in certain cases, altered the law as to the apportioning of rents, in point of time; it being thereby enacted, "That if any tenant for life shall happen to die before, or on the day on which any rent was reserved, or made payable upon any demise or lease of any lands, tenements, or hereditaments, which determined on the death of any such tenant for life, that the executors or administrators of such tenant for life shall and may, in an action on the case, recover of and from such under-tenant or under-tenants of such lands, tenements, and hereditaments, if such tenant for life die on the day on which the same was made payable, the whole, or if before such day, then a proportion of such rent according to the time such tenant for life lived, of the last year, or quarter of a year, or other time in which the said rent was growing due as aforesaid, making all just allowances, or a proportionable part thereof respectively." : Before this statute the rent, by the death of a tenant for life, was lost for the law would not suffer his representative to bring an action for the use and occupation, much less if there was a lease, and the remainder-man had no right, because the rent was not due in his time; nor could equity relieve against this hardship by apportioning the rent. 1 P. Wms. 392. The legislature having, however, by the above statute, interposed in favour of tenants for life, its provisions have, by an equitable construction, been extended to tenants in tail. Amb. Rep. 198: 2 Bro. C. Rep. 659: Bac. Ab. Rent. H. (7th ed.) But though the executor of tenant for life is now entitled to an apportionment of the rent, yet the dividends of money directed to be laid out in lands, and in the mean time to be invested in government securities, and the interest and dividends to be applied, as the rents and profits would in case it were laid out in land, were held not be apportionable, though tenant for life died in the middle of the half year. 3 Atk. 502 : Amb. Rep. 279: 2 Vez. 672: and the authority of the case on the will of Lord C. J. Holt, 3 Vin. Abr. 18. pl. 3. was denied. But where the money is laid out in mortgage till a purchase could be made, the interest is apportionable. 2 P. Wms. 176. This distinction, however, may be referred to interest on a mortgage, being in fact due from day to day, and so not properly an apportionment: whereas the dividends accruing from the public funds are made payable on certain days, and therefore not apportionable; and upon the principle of this distinction the master of the rolls decreed an apportionment of maintenance-money, it being for the daily subsistence of the infant. 2 P. Wms. 501: see also Mr. Cor's note (1): 13 Ves. 135: 11 Ves. 361. And the principle extending to a separate main tenance for a feme covert, such apportionment has, in such As to apportionment of fines paid on renewal of leases by In what cases eviction of part of the land is a ground for A man purchases part of the land where he hath common APPORTUM, from the Fr. apport.] Signifies properly the revenue or profit which a thing brings in to the owner: and it was commonly used for a corody or pension. It hath also been applied to an augmentation given to an abbot out of the profits of a manor for his better support. ing their indentures, they shall be bound to serve for the years in their indentures contained, as if they were at full age at the time of making them; it hath been held, that although an infant may voluntarily bind himself an apprentice, and, if he continue an apprentice for seven years, he may have the benefit to use his trade; yet neither at the common law, nor by any words of the above-mentioned statute, can a covenant or obligation of an infant, for his apprenticeship, bind him; but if he misbehave himself, the master may correct him in his service, or complain to a justice of peace, to have him punished according to the statute: but no remedy lieth against an infant upon such covenant. Cro. Car. 179: Cro. Jac. 194. S. P. The father, however, cannot, at common law, bind his infant son apprentice without his assent; and, therefore, where the indenture is executed by the father only, and not by the son, it is invalid. Rex v. Arnesby, 3 Barn. & A. 584. Covenant upon an indenture of apprenticeship by the master against the father; breach, that the apprentice absented himself from the service; plea, that the son faithfully served till he came of age, and then avoided the indenture. This was held no answer to the action. 3 Barn. & A. 59; and see 1 Barn. & C. 460. But if any one entices an apprentice from his master's service, or harbours him after notice, the master may maintain a special action on the case against the person so doing. Vide 1 Salk. 380. By the custom of London, an infant unmarried, and above the age of fourteen, may bind himself apprentice to a freeman of London, by indenture, with proper covenants, which covenants, by the custom of London, shall be as binding as if he were of full age. Moore, 134: 2 Bulst. 192: 2 Roll. Rep. 305: Palm. 361: 1 Mod. 271: 2 Keb. 687. But a waterman's apprentice is not, within the custom of London, to bind himself, being under twenty-one. 6 Mod. 69. APPOSAL OF SHERIFFS. The charging them with APPRAISERS of goods are to be sworn to make true praisement, and, valuing the goods too high, shall be obliged to take them at the price appraised. Stat. 11 Ed. 1. Stat. Acton Burnel. See Auctioneers. APPREHENDING OFFENDERS. Persons active in so doing are, by the stat. 7 G. 4. c. 64. § 28. allowed compensation, in certain specified cases. See tit. Compensation. APPRENDRE [Fr.] A fee or profit apprendre, is fee or profit to be taken or received. Stat. 2 and 3 Ed. 6. c. 8. APPRENTICE, appreniicius, Fr. apprenti, from apprendre, to learn.] A young person bound by indentures to a tradesman or artificer, who, upon certain covenants, is to teach him his mystery or trade. It will be proper under this head to consider, I. Who may be bound apprentices, and in what manner; and who are compellable to receive them. II. How they are to be provided for and governed during their apprenticeship, and in what manner they are to be assigned, &c. III. What trades may not be exercised without having served IV. For what offences they are punishable, and how. I. It seems clearly agreed, that, by the common law, infants, VOL. I. By stat. 5 Eliz. c. 4. § 35. the justices may compel certain persons under age to be bound as apprentices, and on refusal may commit them, &c. And by stat. 43 Eliz. c. 2. and 18 G. 3. c. 47. churchwardens and overseers of the poor may bind out the children of the poor to be apprentices, with the consent of two justices; if boys till twenty-one, if girls till that age or marriage. And if any person refuse to accept a poor apprentice, he shall forfeit 101. Stat. 8 and 9 W. 3. c. 30. § 5: and see 54 G. 3. c. 107: and this Dict. tit. Selllement. Also justices of peace and churchwardens, &c. may put out poor boys ap prentice to the sea-service. Stat. 2 and 3 4. c. 6. and 4 4. c. 19. And by stat. 7 Jac. 1. c. 3. apprentices bound out by public charities are regulated. See tit. Chimney-sweepers. As to the manner of their being bound: Indentures must also be inrolled in all towns corporate, under stat. 5 Eliz. c. 5. and 5 G. 2. c. 46. and in London, by the custom, in the chamberlain's office there. In London, if the indentures be not inrolled before the chamberlain within a year, upon a petition to the mayor and aldermen, &c. a scire facias shall issue to the master, to show cause why not inrolled; and if it was through the master's default, the apprentice may sue out his indentures, and be discharged: otherwise if through the fault of the apprentice, as if he would not come to present himself before the chamberlain, &c. for it cannot be inrolled, unless the apprentice be in court and acknowledge it. 2 Roll. Rep. 305: Palm. 361 : 1 Mod. 271. Indentures are likewise to be stamped, and are chargeable with several duties by act of parliament. By stat. 8 A. c. 9. made perpetual by stat. 9 A. c. 21. a duty of 6d. in the pound under 501. and 12d. in the pound for sums exceeding it, given with apprentices (except poor apprentices) BOD BIBL is granted. And if the full sum agreed be not inserted, or the duty not paid, indentures shall be void, and apprentices not capable of following trades; and the masters are liable to 50l. penalty. See Jackson v. Warwick, 7 Term Rep. 121. No action can be maintained by the plaintiff, on a note given to him by the defendant, as an apprentice fee with his son, who was to be bound to the plaintiff, if it appear that the indenture executed was void by 8 A. c. 9. for want of the insertion of such premium therein, and a proper stamp in respect of the same; although the plaintiff did in fact maintain the apprentice for some time, and until he absconded. There are several statutes allowing farther time to pay the duties and stamp indentures, through neglect, omitted, &c. And acts of indemnity of this nature are usually passed at intervals of two or three years. The payment of the duties on apprentice fees is enforced by several acts; 18 G. 2. c. 22. and 20 G. 2. c. 45; the former of which provides, that if the apprentice shall pay the duties, on the neglect of the master, he may recover back the apprentice fee; and the latter, that if no suit is commenced, and the master shall pay double duties within two years after the end of the apprenticeship, the indentures shall be valid, or the apprentice may pay them, and in such case recover double the apprentice fee, by action, from his master. The stat. 5 Eliz. c. 4. and 5. directs who shall take apprentices, and directs that every cloth-worker, fuller, shearman, weaver, taylor, or shoe-maker, taking three apprentices, shall have one journeyman, and for every other apprentice above three, also one journeyman. § 33. Stat. 1 Jac. 1. c. 17. allows only two apprentices at a time to hatters and felt-makers; (except a son apprentice ;) and stat. 13 and 14 Car. 2. c. 5. allows only two to Norwich weavers, who must then have also two journeymen. As by the stat. of 5 Eliz. c. 4. the justices of the peace have a power of imposing an apprentice on a master, in consequence thereof an indictment lies for disobedience to their orders, either in not receiving, or receiving, and after turning off, or not providing for such apprentice; for though an act of parliament prescribes an easier way of proceeding by complaint; yet that does not exclude the remedy by indictment. 6 Mod. 163: 1 Salk. 381. of any apprentice put out by the parish, or with whom no more than 51. were paid, of any mis-usage, refusal of necessary provisions, cruelty, or other ill treatment by his master, may summon the master to appear before them; and upon proof of the complaint on oath, to their satisfaction (whether the master be present or not, if service of the summons be proved), to discharge such apprentice by warrant or certificate, for which no fee shall be paid (and by stat. 33 G. 3. c. 55. may fine the master for such ill usage): and on complaint of the master against any such apprentice, touching any misdemeanor, miscarriage, or ill behaviour, the justices may punish the offender by commitment to the house of correction, there to be corrected and kept to hard labour, not exceeding a calendar month; or otherwise by discharging such offender. Either party may appeal to the sessions, and the determination there is to be final. By 31 G. 2. c. 11. this act is extended to servants in husbandry, though hired for less than a year. By 4 G. 4. c. 29. the powers of the 20 G. 2. c. 19. and of 33 G. 3. c. 55. are extended to all apprentices on whose binding not more than 251. is paid; and see 4 G. 4. c. 34. By stat. 6 G. 3. c. 25. apprentices (with whom less than 101. premium is paid) absenting themselves during their apprenticeship, shall serve an equal time beyond their term.-In London, apprentices are all under the controul of the chamberlain, whose jurisdiction is saved in the several statutes.-The stat. 32 G. 3. c. 57. makes some additional regulations as to the punishing and relieving parish apprentices. With regard to the assigning of apprentices, it hath been held, that an apprentice is not assignable. He cannot be bound nor discharged without deed. 1 Salk. 68. pl. 7: Mich. 13 W.3. B. R. But though an apprentice is not assignable, yet such assign ment amounts to a contract between the two masters, that the child should serve the latter. 1 Salk. 68. pl. 7: Mich. 13 W. 3. B. R. Caster v. Eccles Parish. By the custom of the city of London, also, an apprentice may be turned over from one master to another; and if the master refuse to make the apprentice free at the end of the term, the chamberlain may make him free: in other corporations there must be a mandamus to the mayor, &c. to make him free in such case. Danv. Ab. 421: Wood's Inst. 51. But it hath been held that though justices of peace have a other masters, that they cannot turn them over: and therefore an order that an apprentice, whose master was dead, should serve the remainder of his time with his master's widow's second husband, was quashed; because the justices have nothing to do about turning over an apprentice; and though he applied to them, that could not give them a jurisdiction. Comb. 324. By the stat. 5 Eliz. c. 4. so often quoted, divers rules and re-jurisdiction of discharging apprentices, and may bind them to gulations were enacted respecting the qualifications of persons entitled to take and become apprentices, and the term of years for which they should be bound, and the mode of binding them and all indentures, covenants, and bargains to the contrary, were declared void, and liable to a penalty of 10l. By 54 G. 3. c. 96. § 2. all these regulations are repealed, and it is declared lawful for any person to take or retain, or become an apprentice, though not according to the provisions of the said act of Elizabeth. II. The justices of peace may discharge an apprentice not only on the default of the master, but also on his own default; for in such case it is but reasonable that the contracts, which were made by their authority, should be dissolved by the same power. Skin. 108: 5 Mod. 139: 2 Salk. 471. And under the said stat. 5 Eliz. c. 4. justices, or the sessions, may hear and determine disputes between masters and apprentices; and the sessions may discharge the apprentice, and vacate the indentures, or correct the apprentice. An order of justices on the master to return money is good, though it is not averred that he had any with the apprentice; for the order being to return money, is as necessary a proof of the receipt of it, as if it had been expressly alleged: and the court held, that the justices had jurisdiction to oblige the master to refund. Trin. 7 G. 2. in B. R. The King v. Amies; though an order of this nature has been quashed. Bott. (by Const.) i. 513. By the stat. 20 G. 2. c. 19. any two justices, upon complaint It seems agreed, that, if a man be bound to instruct an apprentice in a trade for seven years, and the master dies, that the condition is dispensed with, being a thing personal; but if he be bound farther, that in the mean time he will find him in meat, drink, and clothing, and other necessaries, here the death of the master doth not dispense with the condition, but his executors shall be bound to perform it as far as they have assets. 1 Sid. 216: 1 Keb. 761. 820: 1 Lev. 177. But if a person is bound apprentice by a justice of peace, and the master happens to die before the term expires, the justices have no power to oblige his executor, by their order, to receive such apprentice and maintain him; for by this method the executor is deprived of the liberty of pleading plene administravit, (which he may do, in case covenant be brought against him), and must maintain the apprentice, whether he hath assets or not. Carth. 237; 1 Salk. 66: 1 Show. 405. It is said, however, that the executor or administrator may bind him to another master for the remaining part of his time. But it is said, that in this case of the master's dying, by the custom of London the executor must put the apprentice to another master of the same trade. 1 Salk. 66. per Holt, Ch. J. By stat. 22 G. 3. c. 57. in case of the death (§ 3.) or insol vency (§ 8.) of the master or mistress of a parish apprentice, Whatever an apprentice gains is for the use of his master; and whether he was legally bound or no, is not material, if he was an apprentice de facto. Salk. 68. For enticing an apprentice to embezzle goods, indictment will lie. 1 Salk. 380. A master may be indicted for not providing for, or for turning away, an apprentice. If a master gives an apprentice licence to leave him it cannot afterwards be recalled. Mod. Cas. 70. If an apprentice marries, without the master's privity, that will not justify his turning him away, but he must sue his covenant. 1 Vern. 492. By the custom of the city of London a freeman may turn away his apprentice for gaming. Ibid. 241. Though if a master turns an apprentice away on account of negligence, &c. equity may decree him to refund part of the money given with him. 1 Vern. Rep. 460. As no apprentice can be made without writing; so none may be discharged by his master, but by writing under his hand, and with the allowance of a justice of peace, by statute. Dalt. 121. The court of King's Bench will not discharge an apprentice from his indentures, if it appear upon the return to an habeas corpus that he is in execution, under the conviction of two magistrates, by virtue of the statute, for absenting himself from his master's service, although it appeared by affidavit that the party had bound himself when an infant to serve till twenty-five, but when he came of age had elected to avoid the indentures. 7 E. R. 376. An apprentice, who at the age of seventeen was bound by indenture (which stated him to be fourteen) for seven years, was discharged by the court of King's Bench, being brought up by habeas corpus. 5 Term Rep. 715. By 33 G. 3. c. 55. two justices at special sessions, on complaint on oath of any apprentice, on whose binding 10l. (now 251. by 4 G. 4. c. 29.) was paid, of any ill usage by his master, may impose a fine of 40s. on the master. And by 4 G. 4. c. 29. power is given to two justices to consider the circumstances under which such apprentice shall be discharged, and to make an order on the master to refund all or any part of the premium paid on his binding, according to their discretion. By 1 and 2 W. 4. c. 39. several regulations were made for preserving the health and morals of apprentices employed in cotton and woollen mills and other manufactories, by which, among other things, the system of night-work, so destructive to every sound principle of mind and body, was abolished as to persons under twenty-one; and persons under eighteen are not to work more than twelve hours per day, and one hour and a half is to be allowed for meals, and no child under nine is to be employed, and parents and guardians are liable to penalties for falsely stating their children's ages. III. By the common law no man may be prohibited to work in any lawful trade, or in more trades than one, at his pleasure. 11 Co. 53. said; or else, being served as an apprentice, as is aforesaid, because a journeyman, or hired by the year; upon pain that every person willingly offending, or doing the contrary, shall forfeit and lose for every default, forty shillings for every month." By 54 G. 3. c. 96. § 1. this section of the act of Elizabeth is repealed; with a saving for the customs and bye laws of the city of London, and of other cities, and of corporations and companies lawfully constituted. See Bac. Ab. Master, Servant, and Apprentice. (Ď.) Previous to the passing of this act 54 G. 3. the policy of the courts of law had been in favour of the free exercising of trades, and against enforcing the penalties of the act of Elizabeth, as will appear from the following determinations. It hath been ruled, that there are many trades within the general words and equity of this act, besides those which are particularly enumerated therein ; yet it seems agreed, and hath frequently been adjudged, that in every indictment, &c. it must be alleged, that it was a trade at the time of making the statute, for the words thereof are, any craft, mystery, or occupation, now used, &c. from whence it seems to follow, that a new manufacture, which to all other purposes may be called a trade, is yet not a trade within this statute. 2 Salk. 611. Palm. 528: 1 Sid. 175. Also it seems agreed, that the act only extends to such trades as imply mystery and craft, and require skill and experience; that therefore merchants, husbandmen, gardeners, &c. are not within the statute; and on this foundation it hath been held, that a hemp-dresser is not within the statute, as not requiring much learning or skill, and being what every husbandman doth use for his necessary occasions. 8 Co. 130: 2 Bulst. 190: Cro. Car. 499. It is clearly agreed, that the following the common trade of a brewer, baker, or cook, is within the statute, as unskilfulness herein may be very prejudicial to the lives and healths of his majesty's subjects; but it is, at the same time, agreed, that the exercising of any of these trades in a man's own house or family, or in a private person's house, is not within the restraint of the statute. 11 Co. 54.a.: Cro. Car. 499: Hob. 183. 211: Moor, 886: 8 Co. 129: Palm. 542: Lit. Rep. 251: Bridg. 141. It hath been held, that this statute does not restrain a man from using several trades, so as he had been an apprentice to all; wherefore it indemnifies all petty chapmen in little towns and villages, because the masters kept the same mixed trades there before. Carth. 163. A man may exercise as many trades as he hath worked at, or served as an apprentice to, for seven years. 2 Wils. 168. It hath been resolved, that there is no occasion for any actual binding, but that the following a trade for seven years is a sufficient qualification within the statute. 1 Salk. 67: 2 Salk. 613. By stats. 2 and 3 P. & M. c. 11. and 5 Eliz. c. 4. aliens and denizens are restrained to use any handicraft or trade therein mentioned, unless they have served seven years' apprenticeship within the realm, under the penalty of 40s. per month. Hutt. 132. But it hath been adjudged, that if an apprentice serve seven years beyond sea, he shall be excused from the penalties of the statute 5 Eliz. c. 4; and so, if he serve seven years, though he was never bound. 1 Salk. 76. So that without an act of parliament no man may be restrained, either from working in any lawful trade, or using divers mysteries or trades; therefore an act of parliament made to restrain any person therein, must be taken strictly, and not favourably as acts made in affirmance of the common law. Burn. It was enacted by the 5 Eliz. c. 4. § 31. "That it should not be lawful to any person or persons, other than such as then did lawfully use or exercise any art, mystery, or manual occupation, to set up, occupy, use or exercise any craft, mystery, or By the statute 31 Eliz. c. 5. § 7. it is enacted, "That all occupation, then used or occupied within the realm of England suits for using the trade, without having been brought up in it, Wales, except he should have been brought up therein seven shall be sued and prosecuted in the general quarter sessions of years, at the least, as an apprentice; nor to set any person on the peace, or assizes, in the same county where the offence work in such mystery, art, or occupation, being not a workman shall be committed ; or otherwise inquired of, heard, and deterat that day, except he should have been apprentice, as is afore-mined in the assises, or general quarter sessions of the peace, So it hath been held, that serving five years to a trade out of England, and two in England, is sufficient to satisfy the statute; but that there must be a service of a full time; and therefore, serving five years in any country where, by the law of the country, more is not required, will not qualify a man to use the trade in England. Ca. in Law and Eq. 70. or in the same county where such offence shall be committed, or in the leet within which it shall happen." In the construction of this statute it hath been held, that it restrains not a suit in the King's Bench or Exchequer, for such offence happening in the same county where these courts are sitting; for the negative words of the statute are not, that such suits shall not be brought in any other court, but that they shall not be brought in any other country; and the prerogative of these high courts shall not be restrained without express words. Cro. Jac. 178: Hob. 184: 1 Salk. 373. But where the offence is in a different county, such suits in these, or any other courts out of the proper county, seem to be within the express words of the statute. Hob. 184. 327: Cro. Jac. 85. Infants voluntarily binding themselves apprentice, and continuing seven years, shall have the benefit of their trades; but a bond for their service shall not bind them. Cro. Car. 179. See the several statutes enabling soldiers and mariners to exercise trades. The court will not, at the prayer of the master, grant a habeas corpus to bring up an apprentice impressed, he being willing to enter into the king' service. Ex parte Landsdown, E. 44 G. 3: 5 East, 38. The captain of a ship of war detaining an apprentice who had been impressed, after notice by such apprentice, is liable in an action by the master to recover wages for the service of such apprentice. Eades v. Vandeput, M. 25 G. 3: East, 39. n. IV. At common law, a servant or apprentice, without any regard to age, may be guilty of felony in feloniously taking away the goods of their master, though they were goods under their charge, as a shepherd, butler, &c. and may, at this day, for any such offence, be indicted, as for felony, at common law; but at common law, if a man had delivered goods to his servant to keep, or carry for him, and he carried them away animo furandi, this was considered only a breach of trust, but not felony. 1 Hale's Hist. P. C. 505. 666. See tit. Embezzlement, Servant. APPROBATE and REPROBATE. A term used in the Scotch law when a person takes advantage of one part of a deed, but rejects the rest. Scotch Dict. APPROPRIATION, appropriatic, from the Fr. approprier.] The annexing of an ecclesiastical benefice to the proper and perpetual use of some religious house, bishoprick, college, or spiritual person, to enjoy for ever; in the same way as impropriation is the annexing a benefice to the use of a lay person or corporation; that which is an appropriation in the hands of religious persons being usually called an impropriation in the hands of the laity. See Com. Dig. tit. Advowson. (D. E.) It is computed that there are in England 3845 appropriations and impropriations: but the distinction between these terms is merely of common and random usage. See Haggard's Reports in the Ecclesiastical Courts, i. 162. This contrivance seems to have sprung from the policy of monastic orders. At the first establishment of parochial clergy, the tithes of the parish were distributed in four parts-one for the bishop; one to maintain the fabrick of the church; a third for the poor; and the fourth for the incumbent. The sees of the bishops becoming amply endowed, their shares sunk into the others; and the monasteries inferring that a small part was enough for the officiating priests, appropriated as many benefices as they could by any means obtain, to their own use; undertaking to keep the church in repair, and to have it constantly served. But in order to complete such appropriation effectually, the king's licence and consent of the bishop must first be obtained; because they might both, some time or other, have an interest by lapse in the benefice; if it were not in the hands of a corporation, which never dies. The consent of the patron is also necessarily implied, because the appropriation could originally be made to none but to such spiritual corpo ration as is also the patron of the church; the whole being indeed nothing else but an allowance for the patron to retain the tithes and glebe in their own hands, without presenting any clerk. Plowd. 496–500. When the appropriation is thus made, the appropriators and their successors are perpetual parsons of the church; and must sue and be sued in all matters concerning the rights of the church by the name of parsons. Hob. 307.-An appropri alion cannot be granted over. Ibid. This appropriation may be severed, and the church become disappropriate, two ways. 1st. If the patron or appropriator present a clerk, who is instituted and inducted to the parsonage; for such incumbent is to all intents and purposes complete parson; and the appropriation being once severed, can never be re-united again, unless by a repetition of the same solemnities. Co. Lit. 46: 7 Rep. 13. And when the clerk so presented is distinct from the vicar, the rectory thus vested in him becomes what is called a sine-cure; because he has no cure of souls, having a vicar under him, to whom that cure is committed; though this is not the only mode of creating sine-cures. See 2 Burn's Ec. Law, 347. Also if the corporation, to which the benefice is annexed, is dissolved, the parsonage becomes disappropriate at common law. 1 Comm. 386: see the note there. In this manner may appropriations be made at this day; and thus were most, if not all, now existing, originally made. At the dissolution of the monasteries by stat. 27 H. 8. c. 28. and 31 H. 8. c. 13. the appropriations belonging to those religious houses (being more than one-third of all the parishes in England) would at common law have been disappropriated; had not a clause been inserted in those statutes to give them to the king, in the same manner as the alien priories had before been; 2 Inst. 584; and from hence have sprung all the lay impropriations or secular parsonages in the kingdom; they having been afterwards granted out from time to time by the crown. See 1 Comm. 384, &c.: 11 Rep. 11: Gibs. 719.— See also tit. Parson, Vicar. APPROPRIARE COMMUNIAM. To inclose or appropriate any parcel of land that was before open common, and thus to discommon it. APPROVE, approbare.] To augment a thing to the ut most; to approve land is to make the best benefit of it, by increasing the rent, &c. 2 Inst. 474. APPROVEMENT, is where a man hath common in the lord's waste, and the lord makes an inclosure of part of the waste for himself, leaving sufficient common, with egress and regress for the commoners. Reg. Jud. 8, 9. See tit. Common. The word approvement is also used for the profits of the lands themselves. Cromp. Jurisd. 152. And the statute of Merton, 20 H. 3. c. 4. makes mention of land newly approved. F. N. B. 71. Approvement is also the same with improvement. APPROVER, or PROVER, approbator.] One that, confessing felony committed by himself, appealed or accused others to be guilty of the same crime. See tit. Accessary, II. 5. He is called approver, because he must prove what he hath alleged; and that proof was anciently by battle, or the country, at the election of him appealed: and the form of this accusation may be found in Cromp. Just. 250. See also Bracton, lib. 3: Staundf. Pl. Cor. 52. If a person indicted of treason or felony, not disabled to accuse, upon his arraignment, before any plea pleaded, and before competent judges, confesseth the indictment, and takes an oath to reveal all treasons and felonies that he knoweth of; and therefore prays a coroner to enter his appeal, or accusation, against those that are partners in the crime contained in the indictment; such a one is an approver. 3 Inst. 129: H. P. C. 192. Unless the crime wherewith a person is charged amount either to felony or treason, he cannot be an approver. 2 Hawk. P. C. c. 24. § 10. When a person hath once pleaded not guilty, he cannot be an approver. 3 Inst. 129. And persons attainted of treason or felony shall not be approvers; their accusation will not then |