Act 1848), abolished by the Criminal Appeal Act 1907, questions of law

which had arisen at the trial, and in all civil cases the quarter sessions has power of its own volition and subject to no direct compulsion to consult the High Court on legal questions of difficulty which have arisen. Until 1894 this jurisdiction was regarded as consultative only. It was and is exercised by stating the facts, of which the court of quarter sessions is the sole judge, and indicating the questions of law arising on the facts, and the view of quarter sessions thereon, and inviting the opinion of the High Court. Under the Judicature Act 1894 cases stated in this way are now treated as "appeals" in the popular sense.

_Inferior Courts of purely Civil Jurisdiction._--An appeal also lies as a general rule to the High Court from the judgment of a county court or of any inferior tribunal having civil jurisdiction.

(a) County Courts. Any party to an action or matter in a county court who is dissatisfied with the determination or direction of the judge in law or equity, or upon the admission or rejection of any evidence, may appeal against the decision in the following cases: (1) if the amount of claim or counter-claim in the proceeding exceeds L20; or (2) in all equity matters or cases in which an injunction has been given; or (3) in actions to recover possession of land where questions of title are involved (County Courts Act 1888, S 120). In the case of a claim below L20 no appeal lies except by the leave of the county court. The old practice of appeal by way of special case as in appeals from justices has been abolished, and the present procedure is by notice of motion (R.S.C. O. LIX. rr. 10-18).

These appeals are heard in the king's bench division, except in the case of appeals from judgments of a county court sitting in the exercise of admiralty jurisdiction, which are heard by two or more judges sitting in the probate, divorce and admiralty division. The chancery division has never sat to hear "appeals" from a county court exercising equity jurisdiction; but at times, by _prohibition_ or _certiorari_, has, in effect, reviewed or restrained excess of jurisdiction by county courts in equity matters.

The decision of the High Court on county court appeals is final unless an appeal to the court of appeal is brought by leave of that court or of the High Court (Judicature Act 1894, S 1, sub. sect. 5; Judicature Act 1873, S 45).

(b) Other inferior courts of civil jurisdiction. Appeals from the local courts of record which still survive in certain cities, towns and districts are in a somewhat anomalous position. The general rule is that, unless a statute regulates such appeal, it may be brought in the king's bench division of the High Court on notice of motion in any case in which, before the Judicature Acts, the court of king's bench could have reviewed the decision of the inferior court by writ of error. The history of this question is dealt with in _Darlow v. Shuttleworth_, 1902, 1 K.B. 721.

In the case of the mayor's court of London, under the local and general statutes regulating that court, the appeal is usually to the king's bench division, but where there is what is termed "error" on the face of the proceedings of the mayor's court, the appeal lies direct to the court of appeal as successor of the court of exchequer chamber. Appeals from the Liverpool court of passage and from the chancery courts of the duchies of Lancaster and Durham lie by statute direct to the court of appeal.

_High Court of Justice._--Until the Supreme Court of Judicature Acts of 1873 and 1875 came into operation, the superior courts in England were imperfectly co-ordinated both as to jurisdiction and appeals. The effect of these acts was to create a Supreme Court of Judicature divided into two main branches, the High Court of Justice, which is an appellate court with respect to the inferior courts already mentioned, and to certain other special courts and persons; and the court of appeal, which is mainly concerned with appeals from the High Court of Justice.

The High Court of Justice acts as an appellate court or court of consultation with reference to courts of summary jurisdiction or quarter sessions and to county courts and other inferior courts of civil jurisdiction in the cases already indicated. The three divisions of the court are somewhat differently placed with reference to appeals.

In the chancery division (made up, in 1908, of six single judge courts) no appeals are heard except from subordinate officials (masters) of the court, or an occasional interference by _certiorari_ or _prohibition_ with a county court.

In the probate, divorce and admiralty division, besides the supervision which may be exercised by a single judge over the subordinate officers of the court (registrars), divisional courts (of two judges) hear appeals from decisions of the county court in admiralty causes, and appeals from justices in cases between husband and wife under the Summary Jurisdiction (Married Women) Act 1895, as amended by the Licensing Act 1902. In the first of these cases the appeal is on law only as in the case of other county court appeals; in the second, the procedure is by rehearing, or reconsideration of the facts as minuted in the court appealed from, and of the law there applied to these facts.

The bulk of the appellate work of the High Court is conducted in the king's bench division--which, as successor of the old court of king's bench in the duties of _custos morum_ of the realm, still retains supervisory power over all inferior courts in all cases in which that supervision has not been transferred to the other divisions of the High Court or to the court of appeal, or to the court of criminal appeal.

The king's bench division exercises appellate jurisdiction in the following cases.

With respect to decisions of justices of the peace sitting at quarter sessions, or as a court of summary jurisdiction, except in the case above stated, the subject matter of appeal is for the most part of a criminal or quasi-criminal character, the civil jurisdiction of justices being comparatively limited. The appeal in such cases is as to matters of law only, the justices' decision on facts not being subject to review.

In the case of the courts above named, the appeal is brought by writ of _certiorari_, where the jurisdiction of quarter sessions to give the judgment challenged is denied _in toto_, or in some cases by writ of _habeas corpus_, where the appellant is in custody under an order of the court appealed from (Judicature Act 1894, S 2). The best example of this is the right of a fugitive criminal committed for extradition to challenge the legality of the decision of the committing magistrate by writ of _habeas corpus_. Save in cases of want of jurisdiction or refusal to exercise it, no appeal lies from quarter sessions except by consent of the court appealed from, which states the facts as ascertained by the inferior court, and invites the review of the superior court upon the questions of law raised by the facts as found.

Decisions of justices sitting in the exercise of summary jurisdiction are subject to review by a special case in which the justices state the facts found by them and their decision on the points of law, and invite the review of the appellate court on these grounds. Such cases for appeal are usually stated by consent of the justices, but in the event of their refusal the appellate court may order that a case shall be stated.

Decisions of justices in the exercise of summary jurisdiction may also be challenged by writ of _certiorari_ as having been wholly outside their jurisdiction; and in such proceeding the appellate tribunal may review the evidence taken below so far as to ascertain whether the justices have by an erroneous finding of fact enabled themselves to assume a jurisdiction which upon the true facts they did not possess.

Where the decision appealed from is in a criminal cause or matter the decision of the High Court is final. Where it is in a civil matter a further appeal also lies to the court of appeal by leave of the High Court or of the court of appeal (Judicature Act 1873, S 45).

Appeals in criminal cases tried on indictment, criminal information or coroner's inquisition, stand on a different footing from other appeals.

For many years the question of criminal appeal in general had been a matter of great controversy. As early as 1844 a bill had been unsuccessfully introduced for the purpose of establishing appeal in criminal cases, and from that time up to 1906 nearly thirty bills were brought forward with the same object, but none succeeded in passing. In 1892 the question was referred to the council of judges and favourably reported upon by them. It may be remarked that England was practically the only civilized country in which there was no appeal in criminal cases. It is true there was an appeal on questions of law arising at the trial. But the procedure was intricate and technical, being either (1) by writ of error, issued by the consent of the attorney-general (expressed by his _fiat_), to review errors of law appearing in the record of the trial, or (2) by special case, stated by the judge presiding at the trial, with respect to a question of law raised at the trial. These appeals were heard by the king's bench division. Meanwhile there had been a considerable development of public opinion in favour of the establishment of criminal appeal, a development undoubtedly hastened by the report of a committee of inquiry in the case of Adolf Beck (1904), showing clearly that the home office was not a satisfactory tribunal of final appeal. In 1906 the lord chancellor (Lord Loreburn) introduced another criminal appeal bill, which passed the House of Lords, but was dropped in the House of Commons after a first reading. The next year the act (Criminal Appeal Act 1907), which was ultimately carried, was introduced into the House of Commons. By this act a court is established consisting of the lord chief justice and eight judges of the king's bench division, the jurisdiction of the court for crown cases reserved being transferred to the new court. The court to be duly constituted must consist of not less than three judges and of an uneven number of judges. The court may sit in two or more divisions if the lord chief justice so directs. Its sittings are held in London unless special directions are given by the lord chief justice that it shall sit at some other place. The opinion of the majority of those hearing the case determines any question before the court, and judgment is pronounced by the president (who is the lord chief justice or senior member present), unless in questions of law, when, if it is convenient that separate judgments should be pronounced by the members of the court, they may be so pronounced. The judgment of the court of criminal appeal is final, except where the decision involves a point of law of exceptional public importance, and a certificate must be obtained from the attorney-general to that effect. The court of criminal appeal is a superior court of record. An appeal may be made either against conviction or against sentence. A person convicted on indictment may appeal either on a question of law alone or of fact alone, or on a question of mixed law and fact. On a point of law a prisoner has an unqualified right of appeal, on a question of fact or of mixed law and fact there is a right of appeal only if leave be obtained from the court of criminal appeal or a certificate be granted by the judge who tried the prisoner that it is a fit case for appeal. The court is given a wide discretion as to whether a conviction may be sustained or set aside. The court may allow the appeal if they think that the verdict of the jury should be set aside because it is unreasonable, or because it cannot be supported having regard to the evidence, or that the judgment should be set aside on the ground of a wrong decision on any point of law, or that on any ground there was a miscarriage of justice. Power is given to the court to dismiss the appeal if they consider that no substantial miscarriage of justice has occurred, even though they are of opinion that the point raised in the appeal might be decided in favour of the appellant. The sentence passed at the trial may be quashed by the appeal court and such other sentence (whether more or less severe) warranted in law by the verdict substituted. Notice of appeal or notice of application for leave to appeal must be given within ten days of the date of conviction; where a conviction involves sentence of death or corporal punishment the sentence must not be executed until after the expiration of ten days, and, if notice of appeal is given, not until after the determination of the appeal or the final dismissal of the application for leave to appeal. The act gives the court power to order any witnesses who would have been compellable witnesses at the trial to attend and be examined before the court, and to receive the evidence, if tendered, of any witness who is a competent but not compellable witness. If any question arises on the appeal involving prolonged examination of documents or accounts or any scientific or local investigation, which the court thinks cannot be conveniently conducted before it, the matter may be referred to a special commissioner appointed by the court, and the court may act on the report of that commissioner if it thinks fit. An appellant is given the right to be present on the hearing of his appeal, if he desires it, except where the appeal is on some ground involving a question of law alone, but rules of court may provide for his presence in such a case, or the court may give him leave. The act requires shorthand notes to be taken of the proceedings at the trial of any person, who, if convicted, would have a right to appeal under the act. Nothing in the act affects the prerogative of mercy, and the home secretary may, if he thinks fit, at any time refer a case to the court of criminal appeal.

_The Court of Appeal._--The court of appeal, constituted under the Judicature Acts, is one of the two permanent divisions of the Supreme Court of Judicature. As now constituted the court consists of _ex officio_ members and five ordinary members, styled lords justices of appeal. The _ex officio_ members are the lord chancellor, every person who has held that office, the lord chief justice, the master of the rolls, and the president of the probate, &c., division.

The ordinary business of the court is carried on by the lords justices under the presidency of the master of the rolls, who in 1881 ceased to be a judge of the High Court (Judicature Act 1881, S 2). The court usually sits in two divisions of three judges, but on occasion a third court can be formed, with the assistance of the other _ex officio_ judges, in the absence of the ordinary judges from illness or public engagements, or to deal with arrears of business. The quorum for final appeals is three, for interlocutory appeals two judges.

The court of appeal has succeeded to the appellate authority exercised (1) in the case of equity and bankruptcy matters by the lord chancellor and the lords justices of appeal in chancery (Judicature Act 1873, S 18); (2) in the case of common law matters, by the court of exchequer chamber, as a court of error, and the superior courts of common law sitting to review the decisions of single judges of these courts sitting with or without a jury at first instance in civil actions; (3) in the case of divorce or probate causes by the full court of divorce (Judicature Act 1881, S 9); (4) in the case of admiralty causes by the king in council or the judicial committee of the privy council; (5) in the case of applications for new trials in jury actions by the king's bench division (Judicature Act 1890, S 1).

The court never had jurisdiction to hear an appeal in any criminal cause or matter, but was able to review by writ of error decisions of the king's bench division in such cases, unless the court for crown cases reserved had dealt with the question under the Crown Cases Act 1848. This procedure has been abolished by the Criminal Appeal Act 1907. Instances of procedure by writ of error were rare. Those best worth notice are the cases of the Tichborne claimant on his conviction of perjury, and the case of C. Bradlaugh on the sufficiency of the indictment against him for publishing the _Fruits of Philosophy_.

The appellate jurisdiction of the court as now exercised entitles the court to hear and determine (1) appeals from every judgment or decree of every division of the High Court in all civil cases in which such judgment is not declared final by statute; (2) applications for a new trial in civil cases tried in the king's bench division by judge and jury which, until 1890, were dealt with by two or more judges in that division; (3) appeals in matters of civil practice and procedure from decisions of a single judge in chambers, which, until 1894, were dealt with in a divisional court or by a judge in open court; (4) appeals from the chancery courts of Durham (Palatine Court of Durham Act 1889) and Lancaster (act of 1890, c. 23) and the Liverpool court of passage (_Anderson v. Dean_, 1894, 2 Q.B. 222), and on error in a record of the mayor's court of London (_Le Blanche_ v. _Heaton Telegram Co._, 1876, 1 Ex.D. 408); and from county courts under the Agricultural Holdings Acts and Workmen's Compensation Acts; (5) appeals on questions of law from decisions of the railway commissioners in England (Railway and Canal Traffic Act 1888).

The court of appeal also exercises the lunacy jurisdiction of the lord chancellor, but in regard to this the jurisdiction of the court is for the most part original and not appellate.

The jurisdiction of the court of appeal is excluded or limited in the following cases:--(1) judgments of the High Court--(a) where its jurisdiction is consultative only; (b) where there is an appeal to the High Court from an inferior court of civil jurisdiction; (c) where there is an appeal to the High Court from any court of person, unless in cases (b) and (c) leave be obtained of the court by which the order is made, or of the court of appeal; (2) orders of the High Court in registration and election cases except with the like leave; (3) orders made by consent of parties, or as to costs only which by law are left to the discretion of the court; (4) certain interlocutory orders mentioned in S 1 of the Supreme Court of Judicature (Procedure) Act 1894, except by leave of the judge appealed from or of the court of appeal (5) orders of the admiralty division in cases of prize, the appeal from which lies to His Majesty in Council; (6) where the decision of any court whose jurisdiction was transferred to the High Court is declared by statute to be final; (7) matters which from their nature were not appealable to any court before the Judicature Acts, or in which the court of appeal has no means of enforcing or executing its judgment. For example, it was held in the House of Lords, in _Cox_ v. _Hakes_, 1890, 15 A.C. 506, that no appeal lies from the order of a judge discharging a prisoner under a writ of _habeas corpus_. "If," said Lord Herschell, "the contention of the respondent is to prevail, the statute has effected a grave constitutional change"; and later, "if" the High Court "has inherited the combined powers of the courts whose functions were transferred to it, but none of them had any jurisdiction or authority to review a discharge by a competent court under a writ of _habeas corpus_, or to enforce the arrest of one thus freed from custody ... it seems to me to follow, that however wrong the court of appeal might think a discharge to have been, it would have been powerless to order a rearrest, or at least to enforce such an order."

The procedure of the court of appeal is regulated by the rules of the Supreme Court. A distinction is drawn between appeals from a final judgment or order (which, unless the parties consent to a smaller quorum, must be heard by three judges) and an appeal from an interlocutory order (which may be determined by two judges of the court of appeal).

In the case of appeals from a final or interlocutory "judgment," or from an order, including applications for a new trial, the appeal must be brought within three months from the time when the judgment or order is signed, entered or otherwise perfected, or in the case of refusal of an application from the date of refusal. The appeal is by notice of motion, which except in cases of application for a new trial, need not state the grounds of appeal. Fourteen clear days' notice of the motion must be given by the appellant to the other party, the respondent.

In the case of appeals from an interlocutory order, or from a final order, or from an order made in any matter which is not an action, or from an order made in chambers, the appeal must be brought within fourteen days by motion, of which four clear days' notice must be given by the appellant to all parties directly affected by the appeal. Controversies have arisen as to the meaning of the term "interlocutory," which (in the absence of any authoritative definition) the court of appeal settles as they arise. The test most generally accepted is that a judgment or order is final if, as made, it finally disposes of the rights of the parties in a manner equally conclusive between them. The court may by special leave allow appeals of either class to be brought after the time above limited. The respondent may by proper notice bring a cross appeal against any portion of the judgment or order made below with which he is dissatisfied. The court has power to order the appellant to find security for the costs of an appeal, if special circumstances, such as insolvency or poverty or foreign domicile or the like, make the giving of security desirable. The court of appeal "rehears" the case. Under ordinary circumstances it does not permit a new case to be set up inconsistent with the case as presented below; and it is content with the judges' notes, or a transcript of the evidence given below, and with a note or transcript of the judgment appealed from, but has power on special grounds to receive fresh evidence either _viva voce_ or on affidavit. The court may call in for its assistance assessors who are experts on the matters of fact or science involved in the appeal, and usually does so in cases arising out of collisions at sea.

The court of appeal may make any order which it deems just as to the costs of the whole or any part of an appeal, except possibly in the case of certain appeals in matters on the crown side of the High Court, as to which some doubt still exists. In practice the costs follow the event, unless the court in a particular case makes an order to the contrary.

A decision of the court of appeal is final in appeals from the High Court in bankruptcy, unless leave be given to appeal to the House of Lords (S 104, Bankruptcy Act 1883), and in divorce appeals, except where the decision either is upon the grant or refusal of a decree for dissolution or nullity of marriage, or for a declaration of legitimacy, or is upon any question of law on which the court gives leave to appeal (Supreme Court of Judicature Act 1881, S 9); but no further appeal to the House of Lords lies, even with leave of the court of appeal, on appeals from the High Court sitting as a court of appeal from county courts in bankruptcy. With these exceptions there is now a right of appeal from every order of the court of appeal to the House of Lords.

_The House of Lords._--The House of Lords has for centuries been the court of last resort, and is still the final court of appeal from the chief courts in the United Kingdom. The origin of the appellate jurisdiction of the House of Lords was undoubtedly of that partly feudal and partly popular character already alluded to, which made the suitor seek from the high court of parliament the justice denied elsewhere in the baronial courts or by the king's judges. The lords exercised the mixed function of jurymen and judges, and, as in judgments on impeachment, might be influenced by private or party considerations, debating and dividing on the question before the House. A revolution was silently accomplished, however, by which the function of reviewing the decisions of the courts fell entirely to the lawyers raised to the peerage, while the unprofessional lords only attended to give the sanction of a quorum to the proceedings, and the House has always had the right to invoke the assistance of the judges of the superior courts to advise on the questions of law raised by an appeal. The letters and memoirs, so late as Queen Anne's reign, show that party or personal influence and persuasion were employed to procure votes on appeals, as they have been in later times on railway or other local bills. The last instance probably in which a strong division of opinion was manifested among the unprofessional lords was the celebrated Douglas cause in 1769, when the House was addressed by the dukes of Newcastle and Bedford, but was led by the authoritative opinion of Lord Mansfield on the effect of the evidence--an opinion which was treated rather as that of a political partisan than of a judge. The case of Daniel O'Connell and others, brought up on writ of error from the queen's bench in Ireland in 1844, may be said to have finally established the precedent that the judgments of the House of Lords were to be given solely by the law lords. On that occasion there was a difference of opinion among the law lords themselves. The judgment of the majority of the House was strongly against the political feeling of the government and of the peers as a body, while the law lords who carried the decision had been appointed by previous governments opposed in politics to the existing cabinet. But all these temptations to a party vote by the unprofessional members were resisted.

By S 20 of the act of 1873, the appellate jurisdiction of the House of Lords (so far as it affects England) was abolished, but this section was repealed by the Appellate Jurisdiction Act 1876. Under that act and an amending act of 1887, the appellate business of the House of Lords is conducted solely by the law lords, though lay peers may still sit (_Bradlaugh_ v. _Clarke_, 1882, 8 App. Cas. 354). No appeal may be heard or determined except in the presence of not less than three of the following persons:--(1) the lord chancellor; (2) the lords of appeal, four of whom are appointed under the act from among persons who hold, or have held, high judicial office, or, at the date of appointment, have been in practice for not less than fifteen years as barristers in England or Ireland, or as advocates in Scotland; (3) such peers of parliament as hold, or have held, high judicial office. By "high judicial office" is meant the office of lord chancellor of Great Britain or Ireland, lord of appeal in ordinary, paid judge of the judicial committee or member of that committee, or judge of one of the superior courts of Great Britain or Ireland.

An appeal lies to the House of Lords (1) from any order or judgment of the court of appeal in England except as above stated; (2) from a judgment or order of any court in Scotland or Ireland from which error or an appeal to the House of Lords lay by common law or statute immediately before the 1st of November 1876. No appeals are heard from the decision of courts in criminal cases. The House of Lords has an indirect power by standing orders to admit appeals from Scotland or Ireland which under former law or practice could not be admitted (Appellate Jurisdiction Act 1876, S 12). The procedure on appeals is regulated by standing orders of the House. The proceedings are commenced by petition of appeal, which must be lodged with the clerk of the parliaments within one year from the date of the last judgment it appealed from. Security for costs (L200) must be given by bond or lodgment of the money, unless dispensed with by the House on the ground of poverty (act of 1893). Each party lodges a printed case signed and certified by counsel, containing a resume of the matters to be discussed and of the contentions for or against the allowance of the appeal. The hearing is before three or more law lords, who may call in nautical assessors in admiralty cases (acts of 1893 and 1894). It is not public in the full sense of the term, as persons not concerned in the appeal can attend only by consent of the House. The House pronounces the judgment which in the opinion of the majority of the law lords should have been pronounced below, and has jurisdiction in the case of all appeals to give or refuse costs to the successful party. The costs of the appeal if given are taxed by the officers of the House. The jurisdiction as to costs does not directly arise under any statute (see _West Ham Guardians_ v. _Bethnal Green Churchwardens_, 1896, A.C. 477).

_Appeals to the King in Council._--The decisions of ecclesiastical courts when acting within the limits of their jurisdiction, and the decisions of courts in the king's dominions outside the United Kingdom, and of courts in foreign countries set up under the Foreign Jurisdiction Acts, cannot be dealt with by the House of Lords or any of the ordinary tribunals of any part of the United Kingdom. The power once claimed by the court of king's bench in England to control the courts of Ireland has lapsed, and its power to intervene in colonial cases is limited to the grant of the writ of _habeas corpus_ to a possession in which no court exists having power to issue that writ or one of like effect (Habeas Corpus Act 1862). As regards all British possessions, the appeal to the king in council is in its origin and nature like that of the provincials unto Caesar, and flows from the royal prerogative to admit appeals. With the growth of the British empire it has been found necessary to create a comparatively constant and stable tribunal to advise the king in the exercise of this prerogative. For this purpose the judicial committee of the privy council was created in 1833. In 1851, and again in 1870, it was reorganized, and by acts of 1876, 1887 and 1898 it received its present form. The committee consists of the president of the council, and of the following persons, if privy councillors--the lord chancellor and ex-chancellors of Great Britain and of Ireland, the four lords of appeal in ordinary, the lords justices of appeal in England or retired lords justices of appeal in England, and persons who hold or have held the office (a) of judge of the High Court of Justice or the court of appeal in England or Ireland, or of the court of session in Scotland; (b) any person who is or has been chief justice or a judge of the Supreme Court of Canada or of a superior court of any province of Canada, of any of the Australian states (except Fiji and Papua), or of New Zealand or the Cape of Good Hope or Natal. The number of persons of this class who may be members at once is limited to five (1895, c. 44); (c) provision is also made for the payment of two privy councillors who have been judges in India who attend the privy council.

Numerous as are the members of the committee, the quorum is three. One or more of the lords of appeal in ordinary usually attend at every hearing, but the composition of the committee is very fluctuating. Appeals from the British dominions abroad lie in criminal as well as civil matters. The right of appeal is regulated as to most possessions by order in council, and in some cases is limited by imperial or colonial statute. Appeals are on fact as well as on law, but the committee rarely if ever disturbs the concurrent judgments on facts of two colonial courts. In the case of admiralty appeals from colonial or consular courts, naval assessors may be called in. The committee also hears (with the aid of ecclesiastical assessors) appeals from ecclesiastical courts. The judgment of the committee is in the form of a report and advice to the king, which is read by one of the members sitting, and no indication is given as to whether the members present are unanimous. Effect is given to the advice by orders in council dismissing or allowing the appeal, and giving direction as to the payment of costs and as to the further proceedings to be taken in the colonial courts.

The procedure of the committee is on the same lines as that on appeals to the House of Lords; no well-arranged code of practice existed however up to the end of 1908, and new rules were then being proposed on the subject. The appeal is commenced by a petition of appeal, and by the giving of security for costs. In colonial appeals printed cases are lodged containing a summary of the contentions of the parties, and with this a printed copy of the record of the proceedings and documents used in the courts appealed from. The hearing is in the privy council chamber and is not public. When an appeal is called on, the counsel and parties are summoned into the chamber, and when the arguments are concluded they are requested to retire. The appeals to the king in council from colonial states having a federal constitution, like Canada and Australia, stand in an exceptional position. The act creating the Supreme Court of Canada purports to make the decision of that court final. But it is still the practice to admit by special leave a prerogative appeal from the court, and to entertain appeals from courts of the provinces of Canada direct to the king in council, without requiring them to go to the Supreme Court. The constitution of the Australian Commonwealth contemplates (S 73) the possibility of restricting appeals to the king in council from the supreme courts of Australia, and sec. 74 forbids appeals to the king in council except by leave of the High Court of Australia from decision of that court on any question however arising as to the limits _inter se_ of the constitutional powers of the commonwealth and those of any state or states, or as to the limits _inter se_ of the constitutional powers of any two or more states. The exact effect of these enactments and of Australian legislation under S 73 is a matter of controversy.

_Scotland._--In Scotland the ordinary appellate tribunal for decisions of inferior courts and of the lords ordinary is the court of session, which for appellate purposes sits in two divisions. Appeals from inferior tribunals in criminal cases go before the judges of the court of session sitting in the High Court of Justiciary. The court of session was in its original constitution a committee of parliament for the performance of its judicial functions, and an appeal to parliament was consequently anomalous. In the reign of Charles II., however, the courts grew so intolerably corrupt that a determined effort was made to have their judgments overturned, by an appeal which was strictly of the old character of a cry for protection against flagrant injustice. It was called a "protest for remeid of law," and was inserted as one of the national claims in the Petition of Right at the revolution. The treaty of union is silent as to appeals, though definitely excluding the right of English courts to interfere with Scottish courts or cases. The House of Lords has since the Union acted without challenge as the final appellate tribunal for Scotland in civil causes; but has always declined jurisdiction in Scottish criminal cases.

_Ireland._--The Supreme Court of Judicature (Ireland) Acts have remodelled the courts and appellate system of Ireland on the same lines as those of England. The High Court of Justice in Ireland now consists of two divisions only, the chancery division, which has little or no appellate functions, and the king's bench division, which has for Ireland substantially the same power of reviewing and correcting the decisions of inferior courts as has the corresponding court in England. To this there is one exception, that appeals from a county court in Ireland may be heard on circuit by a single judge of assize. In Ireland there is also a court of appeal, created in 1877, whose jurisdiction and procedure follow the same lines as that of the English court of appeal.

_France._--The court of last resort in France for all cases, whether civil or criminal (_en matiere criminelle, correctionnelle et de police_), is the _cour de cassation_, which sits in Paris. It is a court of error for the review of all judgments of tribunals of last resort (except _juges de paix_ in certain cases), and for the transfer of causes from one court to another when justice so demands, and to determine conflicts of jurisdiction (Law 1 Dec. 1790). Ordinarily it is confined to errors of law and procedure, but where evidence not available below is brought before the court, it may send the case back for retrial or give the appropriate final judgment, as in the case of Dreyfus (1906). It also hears appeals from courts martial.

Next to the _cour de cassation_ are the courts of appeal, which have jurisdiction to hear appeals (1) in civil matters from courts of first instance, _juges de paix_, and where the amount in dispute exceeds L60 from commercial courts, _tribunaux de commerce_ (Civil Proc. Code, arts. 443-475); (2) in criminal matters from _tribunaux correctionnels_ (Com. Proc. Code, arts. 202-235). The appeal is both on fact and on law, and applies to interlocutory or preparatory as well as to final judgments.

_Spain._--In Spain the jurisdiction and procedure with reference to appeals is on the same lines as in France. As regards civil matters it is regulated by title 21 of the Civil Procedure Code. The appeal to the supreme court is for the most part on questions of law (_por infraccion de ley o de doctrina_); but the court has also power to review judgments on materials not available at the first hearing (arts. 1796, 1801).

_British India._--In British India complete and systematic provision is made for appeals both in civil and in criminal cases by the Procedure Codes (Civil of 1882, with subsequent amendments, and Criminal of 1898), and also to some extent by the charters of the high courts of Calcutta, Bombay and Madras (see Ilbert, _Government of India_, Oxford, 1898, p. 137). In addition, the decisions of subordinate tribunals may be revised by a superior tribunal _proprio motu_, or reviewed in a proper case by the tribunal which has given them; and provision is made for the consultation of a superior by an inferior tribunal in cases of legal difficulty. The policy of admitting so many appeals has been criticized. But with an enormous population which has no representative institutions it has been deemed wise to provide ample means of correcting judicial errors at the instance not only of the aggrieved person but also at the instance of the supervising judicial authorities, as a means of ensuring regularity and propriety in the conduct of judicial business by subordinate judges in out-of-the-way districts.

_Civil Appeals._--(1) Except where otherwise expressly provided by the Civil Procedure Code, or by any other law for the time being in force, an appeal lies from the whole or part of any decree, whether made _ex parte_ or _inter partes_, of a court exercising original jurisdiction (Civil Procedure Code, S 540). By "decree" is meant the final expression of an adjudication upon a right claimed or defence set up in a civil court, when such adjudication, so far as regards the court expressing it, decides the suit (S 2). The appeal is both on facts and on law. The procedure on the appeal is prescribed by c. 41 of the Civil Procedure Code, and the directions of the code deal even with the language of the judgment on appeal and the matters to be stated therein. (2) Decrees passed on an appeal to any court in India subordinate to a High Court are as a general rule subject to appeal to the High Court on the grounds (a) that they are contrary to a specified law, or usage having the force of law; (b) that they have failed to determine some material issue of law, or usage having the force of law; (c) of substantial error or defect in procedure prescribed by the code or other law which might possibly have produced error or defect in the decision of the case upon the merits (S 584). The procedure on these appeals is regulated by c. 42 of the Civil Procedure Code. (3) Appeals from orders which do not fall within the definition of decrees are allowed in the cases specified in S 588 of the code. The procedure with respect to these appeals is on the same lines as that on appeals against decrees (S 590). Provision is made (by c. 44) for allowing appeals _in forma pauperis_ after certain preliminary inquiries. In the High Courts appeals lie from the decision of one judge to two or more judges of the High Court, whose decision has effect as a judgment of the full court. Appeals, in civil cases, from the courts of India to the king in council are regulated by c. 45 of the Civil Procedure Code. The appealable amount is for most cases Rs. 10,000 or a claim or question as to property of like amount.

Besides the provisions stated as to appeals, Indian courts have power in certain contingencies to review their own decisions (S 623). An inferior court may also refer cases of difficulty to the High Court on a statement of the facts as found in the referring court and of the opinion thereon of that Court (SS 617-620); and in cases in which no appeal lies to the High Court, that court may call for the record of any case in which the court below appears to have acted without jurisdiction or failed to exercise its jurisdiction, or to have exercised its jurisdiction illegally or with material illegality (S 622).

_Criminal Matters._--Criminal jurisdiction in India is exercised by magistrates of the first, second and third class, by sessions courts, and the high or chief courts of the presidencies or provinces (Criminal Procedure Code of 1898). The higher judges in a district have the power of revising those decisions which are not absolutely summary of the judges of the classes below them in the same district; i.e. the sessions judge can revise the decisions of a first-class magistrate, and the High Court those of a sessions judge (S 435). Inferior tribunals can also refer questions of law to the High Court (SS 432, 433); and where a sentence of death is passed, or a sessions judge differs from the jury (S 307), the matter must be referred to the High Court. On matters of reference or revision the parties have no right to be heard.

Provision is also made for appeals by c. 31 of the Code. Appeals from second- or third-class magistrates are dealt with by the district (first-class) magistrate (S 407). Persons convicted on trial by assistant sessions judges or first-class magistrates, except in cases where the punishment is very small, have an appeal to the sessions judge (SS 408, 413). A person convicted on trial by the sessions judge has an appeal to the High Court (S 410), but where he has pleaded guilty the only point on which appeal is open is the legality or extent of sentence (S 412). Special provision is made as to appeals by persons born in Europe (whether British subjects or not) and Americans (SS 408, 415, and c. 33).

In criminal cases there is a right of appeal to the king in council in certain cases provided for by the charters of the chartered high courts (see Ilbert, _Government of India_, Oxford, 1898, p. 137).

An appeal also lies in certain cases from the courts of British officers in feudatory states of India to a high court in India, and from the courts of Aden and Zanzibar and British East Africa to the High Court of Bombay. Appeals do not lie from the courts of native states to British courts in India, though in some cases there is an appeal of a political rather than judicial nature from the judicial tribunals of feudatory states; e.g. in the case of Kathiawar (_Hemchand Derchand_ v. _Azam Sakarlal_; 1906. L.R. A.C. 212).

_Canada._--In Canada each province has the regulation of its own courts of justice. In Ontario the judiciary are organized, under the Provincial Judicature Acts, in much the same manner as in England; and the review of decisions of inferior courts (by appeal or other proceedings based on English practice) is in the hands of the High Court of Justice, subject to appeal to the provincial court of appeal. In Quebec the highest court (king's bench), besides its original jurisdiction, has appellate jurisdiction over the superior court (see Quebec Civil Procedure Code, art. 1114 _et seq_.). The jurisdiction is exercised by writ of error or by appeal, according to the nature of the decision appealed from. The judges of the superior court have also, under art. 494, power to review before three judges decisions of a judge of that court or of a circuit court (arts. 494-504). Nova Scotia, New Brunswick, Manitoba and British Columbia have supreme courts with appellate authority over decisions of single judges of the court and over inferior tribunals in the province. Appeals lie from the highest courts of each province, in civil matters, to the Supreme Court of Canada, or to the king in council in cases falling within the orders in council applying to each province, but in criminal matters to the king in council. From the Supreme Court of Canada no appeal lies as of right to the king in council (Dominion Act 1875, 38 Vic. c. 11, S 47), and the royal prerogative of granting special leave to appeal is sparingly exercised. The principles on which the judicial committee acts in advising for or against the grant of special leave in civil case& are stated in _Daily Telegraph Newspaper Co._ v. _M'Laughlin_, 1904, L.R. A.C. 776. It is, however, as before, quite common for appeals to be brought direct to the privy council from the provincial courts without resort to the Dominion court (see Wheeler, _Privy Council Law_, p. 955).

_Australia._--Each of the states of the Australian Commonwealth has its own supreme court. The Commonwealth parliament constituted in 1903 a High Court for Australia, which, besides its original federal jurisdiction, is also a court of appeal from the supreme courts of the constitutional states, or from any state court from which an appeal lay to the king in council at the establishment of the Commonwealth. The jurisdiction of the court is defined by the Judiciary Act of 1903, by which it is created. The right of appeal is given both as to criminal and civil matters.

_South Africa._--In Cape Colony and Natal the appellate courts are the supreme courts, subject to further appeal in certain cases to the king in council. The superior courts of Cape Colony are empowered to review the proceedings of all inferior courts in the colony and its dependencies in cases where no appeal lies. There was for a time an appeal from the High Court of Orange River Colony to the supreme court of the Transvaal, and from that court (whether acting for its own colony or on appeal from the Orange Colony), an appeal to the king in council. In other colonies the provisions as to appeal follow more or less closely the lines of English law and procedure as to appeals, and in all cases the ultimate appeal is to the king in council.

_United States._--In the American courts the term "appeal" covers (1) a removal of a cause to a higher court for retrial on all the questions of law or fact involved, or (2) taking up points of law only by proceedings in error, for revision by a higher court. Decrees in admiralty, bankruptcy and equity, in the federal courts, are the subjects of an appeal; judgments in actions at law, of a writ of error. On an equity appeal the evidence taken at the original hearing is reported at length to the appellate court, and it has the right to review the conclusions of fact reached by the court below and come to different ones. This, however, is seldom done, the appeal being almost always decided on points of law based upon the conclusions of fact reached in the original hearing. In admiralty appeals the conclusions of fact reached by the trial court are specially set forth, and are final.

"Appeal" in many of the states is the general term for reviewing any judgment of an inferior court on assignments of error. It is also often used to signify a mode of reviewing proceedings of municipal bodies, affecting the interests of particular persons, e.g. in matters of licences or assessments.

In criminal prosecutions an appeal, or writ of error on points of law, is almost everywhere allowed by statute to the defendant, and often to the state. (_United States_ v. _Sanges_, 144 United States Reports, 310; _State_ v. _Lee_, 65 Connecticut Reports, 265.)

By the constitution of the United States the Supreme Court is vested with "appellate jurisdiction, both as to law and fact, with such exceptions, and under such regulations, as the Congress shall make." This provision is held not to create but only to authorize the creation of the jurisdiction. In the words of Chancellor Kent, "If congress had not provided any rule to regulate the proceedings in appeal, the court could not exercise an appellate jurisdiction: and, if a rule be provided, the court could not depart from it." In pursuance of this principle, the Supreme Court decided in _Clarke_ v. _Bazadone_ that a writ of error did not lie to that court from a court of the United States territory north-west of the Ohio, because the act had not authorized an appeal or writ of error from such a court (_Commentaries_, i. 324). The appellate jurisdiction of the court is now regulated by title 13 chap. ii. of the Revised Statutes of the United States (1873), SS 690-710; and by the acts enumerated at p. 901 of the Revised Statutes, United States, 1873 to 1891. Under these statutes the Supreme Court may entertain appeals from the highest court of a state of the Union, but only (1) where the state court has decided against the validity of a treaty or statute of the United States, or of an authority exercised under the United States; (2) where a state court has affirmed the validity of a statute, or of an authority exercised which has been challenged on the ground of repugnance to the constitution, laws or treaties of the United States; (3) where the state court has decided against the existence of a title, right, privilege, or immunity claimed or set up under the constitution of, or under any statute, treaty, commission or authority of the United States.

The appeal from state courts is by writ of error, i.e. on law only; and applies as well in criminal as in civil cases. The Supreme Court will not act unless the federal question was raised in the court below (_Chicago U.S. Mail Co._ v. _McGuire_, 1904, 196, U.S. 128). The circuit court of appeals, established in 1891, deals with appeals from the district and circuit courts of the United States, except where other provision is made, e.g. where the jurisdiction of the court appealed from is in question; in prize causes and convictions of capital crimes (U.S. Statutes, 1801, c. 54. S 5); in cases involving the construction or application of the constitution; in cases arising in district or circuit courts involving the constitutional questions already stated as subject of appeal from state courts.

The review by the circuit court of appeals is effected by appeal or by writ of error, and its decision is final, with certain exceptions but with power to certify cases to the Supreme Court for instructions (1891, c. 511, S 6).

The Supreme Court hears appeals from the circuit court of appeals within the limits above stated, and appeals from the circuit and district courts in cases in which an appeal does not lie to the circuit court of appeals, and has power to issue a _certiorari_ to transfer a case from the circuit court of Appeals. (W. F. C.)

APPEARANCE (from Lat. _apparere_, to appear), in law, the coming into court of either of the parties to a suit; the formal act by which a defendant submits himself to the jurisdiction of the court. The defendant in an action in the High Court of England enters his appearance to the writ of summons by delivering, either at the central office of the Supreme Court, or a district registry, a written memorandum either giving his solicitor's name or stating that he defends in person. He must also give notice to the plaintiff of his appearance, which ought, according to the time limited by the writ, to be within eight days after service; a defendant may, however, appear any time before judgment. The _Rules of the Supreme Court_, orders xii. and xiii., regulate the procedure with respect to the entering of an appearance, the giving of notice, the limit of time, the setting aside and the general effect of default of appearance. In county courts there is no appearance other than the coming into court of the parties to the suit. In criminal cases the accused appears in person. In civil cases infants appear by their guardians _ad litem_; lunatics by their committee; companies by a solicitor; friendly societies by the trustee or other officer appointed to sue or be sued on behalf thereof.

APPENDICITIS, the modern medical term for inflammation of that part of the intestine which is known as the "appendix." Though not a new disease, there can be no doubt that it is far commoner than it used to be, though the explanation of this increased frequency is not yet forthcoming. Amongst the virulent micro-organisms associated with the disease no one specific germ has hitherto been found. It may be remarked that the theories that influenza, or the use of preserved foods, may be connected with the disease as cause and effect, have supporters. Sometimes the disease is due to the impaction of a pin, shot-corn, tooth-brush bristle, or fish-bone in the appendix, which has set up inflammation and ulceration. In many cases a patch of mortification with perforation of the appendix is caused by the presence of a hard faecal concretion, or "stercolith," which from its size, shape and appearance has been mistaken by a casual observer for a date-stone or cherry-stone.

Apart from the fact of the more frequent occurrence of appendicitis, the disease is now better understood and more promptly recognized. It was formerly included under the term "perityphlitis"--that is, inflammation connected with the caecum or _blind_ portion of the large intestine. But in the vast majority of cases the inflammation begins in the appendix, not in the intestine proper. It is apt to extend and set up a localized peritonitis, which in the worst cases may become general.

Appendicitis is more often met with in the young than the old, and in boys rather than girls; and in some families there is a strange predisposition towards it. It is often started by a chill, or by over-exertion, and sometimes the attack follows a blow or strain, or some other direct injury, after which the virulent micro-organisms seize on the mucous membrane and involve the appendix in acute inflammation.

The appendix is a narrow tube, about the size of a goose-quill, with an average length of 3 in. It terminates in a blunt point, and from its worm-like shape is called _vermiformis_. It is an appendage of the large intestine, into which it opens, and is regarded as the degenerate relic, surviving in man and other mammals, of an earlier form of intestine. Foreign bodies passing down the intestinal canal may find their way into the appendix and lodge there. Frequently the diseased appendix is found blocked by hard faeces or undigested particles of food, such as nuts, fibrous vegetable matter, and other imperfectly masticated substances; inflammation may occur, however, without the presence of any impacted material. The appendix may be twisted, bent, or otherwise strangulated, or its orifice may be blocked, so that the tube is distended with mucus which can find no outlet; or ulceration of tuberculous or malignant origin may occur. Inflammation started in the appendix is liable to spread to the peritoneum, and herein lies the gravity of the affection and the indication for treatment. The symptoms vary from "indigestion," and slight pain and sickness, which pass off in a few short days, to an exceedingly violent illness, which may cause death in a few hours. Pain is usually first felt in the belly, low down on the right side or across the region of the navel; sometimes, however, it is diffuse, and at other times it is scarcely complained of. There is some fever, the temperature rising to 101 deg. or 102 deg. F., with nausea, and very likely with vomiting. The abdomen is tender to pressure, and the tenderness may be referred to the spot mentioned above. Some swelling may also be made out in that region. The attack may last for two, three or four days, and then subside. There are, however, other cases less well defined, in which the mischief pursues a latent course, producing little more than a vague abdominal uneasiness, until it suddenly advances into a violent stage. In some chronic cases the trouble continues, on and off, for months or even for years.

On paper it is easy to arrange cases of appendicitis into three classes--catarrhal, ulcerative and mortifying--but in actual practice this is neither desirable nor possible. Such classification is based upon the symptoms, and in appendicitis symptoms may be actually misleading. The three conditions to which the surgeon chiefly looks for guidance are the aspect of the patient, the rate of his pulse and the degree of fever as shown by the thermometer. But in certain cases of appendicitis, though the surgeon knows intuitively, or, at least, suspects, that the general condition is extremely serious, the patient looks fairly well and says that he is not in pain, his pulse-rate being but little quickened and his temperature being but slightly above normal. Nevertheless, when the surgeon has opened the belly in the appendix region, he finds the appendix swollen, perforated and mortified, and lying in a stinking abscess, whilst inflammation has already spread to the neighbouring coils of intestine. Unfortunately, the surgeon can no more tell what he is going to find at his operation in some of these cases than he can foretell the course which any particular case is going to run.

We may most usefully give here the symptoms as they are likely to be found in an ordinary case of appendicitis, and as they may be observed by one who is not a member of the medical profession, in a way that may prove helpful to him when circumstances have awakened his interest in the disease.

The case taken shall be that of a boy at school, for, as already stated, boys are more prone to the disease than girls. The boy has had, may be, occasional attacks of "indigestion" which have duly passed away under the influence of aperient medicines, and, being heated at play, he has sat down upon the cold ground. Or he has got wet through or over-tired during a long walk or ride. At any rate, his vital powers have been suddenly lowered, and the micro-organisms teeming in his bowel have seized upon the lining membrane of the appendix. He feels out of sorts, and if he manages to eat a meal he very likely vomits it soon after, for the whole nervous system of his abdomen is disturbed by the local inflammation. The act of vomiting gives slight relief, however, and probably he begins to complain of pains in his head as well as in his abdomen, and possibly he has an attack of shivering--the result of disturbance of his general nervous system. By this time he may be attacked with intense pain in the part of his abdomen a little above the middle of the right groin, and at that spot there may be a tenderness, and a feeling of resistance may be made out by the gentle pressure of the finger. In order to relax the pressure upon the tender area he probably lies with his right thigh slightly bent. By this time he may look ill, his face being slightly flushed, or pale and anxious. If the clinical thermometer is placed under his tongue, the index may rise a degree or two, perhaps several degrees, above normal, and his pulse may be quickened to 90 or 100 beats a minute. Perhaps it is a good deal quicker than this. Later, the skin of the lower part of the right side of the abdomen may be flushed or reddened.

This clinical picture leaves no room for doubt. The boy has an attack of acute septic inflammation of his appendix. Let it be that the symptoms have come on quickly, and that the affection is not more than ten or twelve hours old; no one can tell precisely what course the disease is going to run. It may be that with rest in bed, constant fomentations, and absolute starvation, the inflammation will subside; but it is just as likely that in spite of this judicious treatment the symptoms will go from bad to worse, and that a belated operation will fail to rescue the boy from a general peritonitis which may end fatally. But at present, so far as one can tell, the disease is still limited to the appendix. And what, at this moment, is the best line of treatment? Some practitioners would answer--"Let the acute attack settle down, and then, after a week or ten days, when everything is quiet, remove the appendix, for statistics show that when the operation is done in the quiet interval the results are extremely favourable, whilst if it is done in the acute stage the outlook is not so bright." This is quite right. But one cannot be sure that the "quiet interval" will ever arrive. The case in question may be one of those which rapidly go on from bad to worse, and mortification and perforation of the appendix having taken place over some hard faecal concretion, general peritonitis is inevitable, with distension of the bowel and hopeless blood-poisoning. If it were certain that the attack of appendicitis would subside and become quiescent, it would be wise to wait. But it too often happens that the first attack is, indeed, the last. Acute appendicitis is one thing; relapsing appendicitis is another. The latter condition is very manageable.

Inasmuch, then, as it is impossible to know what direction the disease will take, whether to quiescence or to disaster, it is for the greatest good in the greatest number of cases that the inflamed appendix be removed by operation whilst the disease is still limited to the appendix. It is highly probable that if every available hospital surgeon were asked if he had ever had cause to regret having advised early operation in a case of appendicitis the answer would be "No"; on the other hand, every surgeon would be able to recall cases in which delay had been followed by disaster--which an early resort to operation would, in all probability, have prevented.

If the disease is going to assume the severe form, all the symptoms, as a rule, increase in severity. The facial expression becomes more anxious, and the accumulation of gas in the paralysed intestine causes an increase in the abdominal distension, so that the patient lies with his knees drawn up. The vomiting continues. The pulse quickens to 120 or 140 a minute, and the temperature rises, perhaps to 104 deg. F. The swelling and tenderness increase on the right side of the abdomen, and if the abscess does not find escape externally it probably bursts into the general peritoneal cavity, and the patient becomes bathed in profuse sweat, the result of blood-poisoning. Death is likely to follow within two days, the result of blood-poisoning and exhaustion.

_Catarrhal and Relapsing Appendicitis._--Some cases of appendicitis run a mild course, giving rise to no worse symptoms, perhaps, than those of "indigestion" and nausea, with a feeling of general discomfort in the abdomen, and, probably, some local tenderness. The attack may be preceded or accompanied by constipation. The administration of a mild aperient or an enema, rest, starvation and fomentation will probably put matters right again--at any rate for a time.

This form of the disease may be due to the presence of "bolted," unchewed or indigestible food in that part of the large intestine into which the appendix opens. And these mild recurrent attacks may sometimes be got rid of altogether by having the teeth put in order, and by inducing the individual to choose his food with discretion, to chew it carefully, to take his meals regularly and to eat slowly.

Obviously, these attacks are very different from those of the acute septic form of the disease described above, though there is no telling that one of them may not develop into the acute form. Some of the mild attacks are due to a kink in the appendix, or to some other condition which temporarily prevents the secretions of the appendix from finding their way into the large intestine. Others of them are caused by a passing catarrhal inflammation of the lining of the appendix and have a distant resemblance to a recurring "sore throat."

After undergoing one or two of these mild attacks the patient would be well advised to have his appendix removed when it has once more got into the "quiet stage." Experience abundantly shows that the operation can then be performed with but slight disturbance of the patient, and with the smallest possible amount of risk. And until his vulnerable appendix has been removed he is never safe.

In the _chronic_ form of the disease though the patient is never desperately ill he is never quite well. He has pains and discomfort in the abdomen, with slight tenderness and nausea, with "indigestion," as he may call it. And as one can never tell when the smouldering inflammation may break out into conflagration, he is well advised to submit himself to operation without further delay. To carry about a diseased appendix is to run the constant risk of being laid up at a time most inconvenient, as when travelling or when staying in some place where skilled assistance is far distant or absolutely unobtainable. But having made up his mind that the appendix had better be removed, the patient can choose time, place and surgeon, and, having undergone a week's careful training for the ordeal, can safely count on being back at work again in a month or six weeks' time.

As regards _treatment_, the greatest safety consists in the prompt removal of the inflamed appendix, and statistics show that if the operation can be done in the first or second day of even an acute attack, the result is generally favourable--that is to say, if the appendix can be removed whilst the disease is still shut up within its tissues. But in some cases ulceration and perforation, or mortification, may have taken place over a hard faecal concretion within the first twenty-four or forty-eight hours, and, the septic germs having been let loose, peritonitis may have already set in, and operation may be followed by disappointment. Still, if the case had been left unoperated on, no other result could have been expected. It was not to the operation, but to the intensely acute disease that the calamity must be attributed.

Nature is marvellously clever in some of these cases in shutting off the area of the disease by glueing together the neighbouring coils of intestine, the limited local peritonitis causing the tissues to build themselves into a wall which securely shuts in the abscess cavity. But in other cases she seems helpless, no barrier being formed for limiting the area of disturbance. In such a case it is inevitable that disappointment must result from the surgeon delaying operation in the hope that delimitation might take place. And when at last he makes his incision he sees that the disease has had so long a start that his own chance of success is but a poor one. In a less severe attack, under the influence of rest, starvation and fomentation, and in cases of chronic and of relapsing disease, the surgeon may watch and wait and choose his own time for operating. But when the symptoms are steadily increasing in severity he should urge an immediate incision. When, as often happens, the inflammation begins suddenly and severely, and, under the influence of treatment, steadily quiets down, the surgeon does well to delay operation. But in a fortnight or so, when everything has become once more quiet, he will urge the removal of the appendix, for this one attack is more than likely to be the forerunner of other attacks if the diseased appendix is left.

The most serious cases are those in which the aspect, the pulse, and the temperature of the patient fail to give warning of a very advanced state of disease. Every surgeon of experience has met with cases in which, though there is nothing pointing to the fact that the patient is on the brink of a disaster, the operation has shown that the appendix is mortified, and that it is surrounded with abundant foul matter. It is then that he regrets not having operated a day or two earlier. Consequently it is a good rule to operate in all doubtful cases. In cases in which one happens to know that previous attacks have passed off under palliative treatment, there is no need for immediate operation; the quiet interval may be safely waited for. But in cases in which there is "no history," and in which the surgeon has nothing to guide him, the greatest safety is in prompt operation.

If an attack of acute appendicitis is allowed to take its course unoperated on, abscess forms in the peritoneal cavity in the region of the appendix, but if already inflammation has happily glued the intestines together around that area, the pus is confined within definite limits. But as the abscess increases in size the demand for its evacuation becomes urgent. The pus, under the influence of a natural law, seeks its escape by the path of least resistance; sometimes this is into the intestine, and occasionally into the bladder. The most satisfactory course which it can take is through the wall of the abdomen and out above the right groin. As it is making its way in this direction the skin over that part becomes red, swollen, hot and tender, and the tissues between it and the skin become swollen and brawny. Rarely is _fluctuation_ to be made out until the pus has worked its way close to the surface. Later, ulceration takes place in the undermined skin, and the stinking contents of the abscess escape, greatly to the relief of the patient. But long before this could happen the surgeon should have made an incision through the inflamed tissues in order to give nature some greatly needed help. For in many cases she allows the pus blindly to discover that the course of least resistance is not towards the surface of the abdomen but through the inflammatory barrier formed by the adherent coils of bowel, and so into the general peritoneal cavity. This unfortunate issue may give temporary relief to the patient, so that he says that he feels much better, and that his pain has nearly gone. But though his temperature may fall, his pulse is apt to quicken--an ominous coupling of symptoms; the paralysed bowels become further distended, so that the lungs are pressed upon and breathing is embarrassed; hiccough comes on; and whether operation is now resorted to or not, a fatal end is highly probable. In other cases, the escaping pus finds its way up towards the liver and forms an abscess below the base of the lungs.

If operation is performed when appendicitis has run on to the formation of abscess, and the diseased appendix presents itself, it should of course be removed; but if it does not present itself the surgeon should abstain from making a determined search for it, as in so doing he may break down the barrier which nature has provided, and thus himself become the means of spreading a septic peritonitis. Nor should he attempt to make clean the foul abscess cavity. All that he should do is to provide for efficient drainage. A large proportion of these cases do extremely well with incision and drainage, and in the subsequent healing of the cavity the wreckage of the appendix either undergoes disintegration or is rendered harmless for further anxiety.

In some cases, however, the damaged appendix remains as a smouldering ember, ready at any moment to cause further conflagration. This is made manifest by lingering pains, and by tenderness and warnings after the abscess has healed, and the patient will be well advised to have what is left of the appendix removed by operation at a time of quiescence. The operation, however, may turn out to be a very difficult one. Sometimes the wound by which the abscess has been evacuated, by nature or by art, refuses to heal completely, a little discharge of a faecal odour continuing to escape. The small wound leads into a faecal fistula, and a bent probe passed along it would probably find its way into the bowel. The wound is likely to close of itself in due course; but if after many weeks of disappointment it still continues to discharge, the surgeon may advise an operation for its obliteration.

It occasionally happens that after operation the scar of the wound in the abdominal wall yields under the pressure from within, and a bulging of the intestines beneath the skin occurs. This is called a _ventral hernia_, and if the patient cannot be made comfortable by wearing a truss with a large flat pad, an operation may be deemed advisable.

If, in a case of appendicitis, for one reason or another operation is to be delayed, what treatment should be resorted to? The patient should be put to bed with his knees resting over a pillow, and a large fomentation under oil silk should be laid over the lower part of the abdomen. No food should be given beyond an occasional sip of hot water. Purgatives should not be administered, as this would be to set in movement an inflamed piece of bowel. If the case is not acute, a large enema of soap and water with turpentine may be given, or, possibly, a dose of castor oil by the mouth. As a rule, however, it is unwise to set the bowels in vigorous action until the diseased appendix has been removed. No opium should be given.

Acute intestinal obstruction, cancer of the intestine, inflammation of the ovary, typhoid fever and renal and gallstone colic, are affections which are apt to be mistaken for appendicitis. The first of these resembles it most closely, and diagnosis is sometimes impossible without resort to operation. And it is a fortunate thing that, when error of diagnosis has been made, the operation which was designed for dealing with an inflamed appendix may be directed with equal advantage to the morbid condition which is found on opening the abdomen. In typhoid fever the characteristic temperature, the general condition of the patient, and the presence of delirium are differentiating signs of importance; in renal and gallstone colic the situation and the more paroxysmal character of the pain are usually distinctive. (E. O.*)

APPENDICULATA, a zoological name introduced by E. Ray Lankester (preface to the English edition of C. Gegenbaur's _Comparative Anatomy_), and employed by the same writer in the 9th edition of this encyclopaedia (article "Zoology") to denote the eighth phylum, or major division, of coelomate animals. The animals thus associated, the Rotifera, Chaetopoda and Arthropoda, are composed of a larger or smaller number of hollow rings, each ring possessing typically a pair of hollow lateral appendages, moved by intrinsic muscles and penetrated by blood-spaces.

APPENDINI, FRANCESCO MARIA (1768-1837), Italian historian and philologist, was born at Poirino, near Turin, on the 4th of November 1768. Educated at Rome, he took orders and was sent to Ragusa, where he was appointed professor of rhetoric. When the French seized Ragusa, Napoleon placed Appendini at the head of the Ragusan academy. After the Austrian occupation he was appointed principal of a college at Zara, where he died in 1837. Appendini's chief work was his _Notizie Istorico-critiche sulle Antichita, Storia, e Letteratura dei Ragusci_ (1802-1803).

APPENZELL, one of the cantons of north-east Switzerland, entirely surrounded by the canton of St Gall; both were formed out of the dominions of the prince abbots of St Gall, whence the name Appenzell (_abbatis cello_). It is an alpine region, particularly in its south portion, where rises the Alpstein limestone range (culminating in the Santis, 8216 ft.), though towards the north the surface is composed rather of green hills, separating green hollows in which nestle neat villages and small towns. It is mainly watered by two streams that descend from the Santis, the Urnasch joining the Sitter (on which is the capital, Appenzell), which later flows into the Thur. There are light railways from Appenzell to St Gall either (12-1/2 m.) past Gais or (20-1/2 m.) past Herisau, as well as lines from St Gall to Trogen (6 m.) and from Rorschach to Heiden (4-1/4 m.). Since 1597 it has been divided, for religious reasons, into two half-cantons, which are quite independent of each other, and differ in many points.

The north and west portion or _Ausser Rhoden_ has a total area of 93.6 sq. m. (of which 90.6 are classed as "productive"; forests covering 22.5 sq. m. and glaciers .038 sq. m.), with a population (in 1900) of 55,281, mainly German-speaking, and containing 49,797 Protestants as against 5418 Romanists. Its political capital is Trogen (q.v.), though the largest town is Herisau (q.v.), while Teufen has 4595 inhabitants, and Heiden (3745 inhabitants) in the north-east corner is the most frequented of the many goats' whey cure resorts for which the entire canton is famous (Urnasch and Gais are also in Ausser Rhoden). This half-canton is divided into three administrative districts, comprising twenty communes, and is mainly industrial, the manufacture of cotton goods, muslins, and embroidery being very flourishing. It sends one member (elected by the _Landsgemeinde_) to the federal _Standerath_ and three to the federal _Nationalrath_ (elected by a direct popular vote).

The south or more mountainous portion of Appenzell forms the half-canton of Appenzell, _Inner Rhoden_. It has a total area of 66.7 sq. m. (of which 62.8 sq. m. are classed as "productive," forests covering 12.8 sq. m. and glaciers .38 sq. m.), and a total population of 13,499, practically all German-speaking, and all but 833 Romanists. Its political capital is Appenzell (q.v.), which is also the largest village, while Weissbad (near it) and Gonten are the best-known goats' whey cure resorts. Embroidery and muslins are made in this half-canton, though wholly at home by the work-people. But it is very largely pastoral, containing 168 mountain pastures or "alps," maintaining each summer 4000 cows, and of an estimated capital value of 2,682,955 francs (the figures for Ausser Rhoden are respectively 100 alps, 2800 cows, and 1,749,900 francs). Inner Rhoden is extremely conservative, and has the reputation of always rejecting any federal _Referendum_. For similar reasons it has preserved many old customs and costumes, those of the women being very elaborate and picturesque, while the herdsmen have retained their festival attire of red waistcoats, embroidered braces and canary-coloured shorts. It sends one member (named by the _Landsgemeinde_) to the federal _Standerath_, and one also to the federal _Nationalrath_, while it forms but a single administrative district, though divided into six communes.

To the outer world the canton of Appenzell is best known by its institution of _Landsgemeinden_, or primitive democratic assemblies held in the open air, in which every male citizen (not being disqualified) over twenty years of age must (under a money penalty) appear personally: each half-canton has such an assembly of its own, that of Inner Rhoden always meeting at Appenzell, and that of Ausser Rhoden in the odd years at Hundwil (near Herisau) and in the even years at Trogen. This institution is of immemorial antiquity, and the meetings in either case are always held on the last Sunday in April. The _Landsgemeinde_ is the supreme legislative authority, and elects both the executive (in Inner Rhoden composed of nine members and called _Standeskommission_, and in Ausser Rhoden of seven members and called _Regierungsrath_) and the president or _Landammann_; in each half-canton there is also a sort of standing committee (composed of the members of the executive and representatives from the communes--in Inner Rhoden one member per 250 or fraction over 125 of the population, and in Ausser Rhoden one member per 1000 of the inhabitants) which prepares business for the _Landsgemeinde_ and decides minor matters; in Inner Rhoden it is named the _Grossrath_ and in Ausser Rhoden the _Kantonsrath_. As various old-fashioned ceremonies are observed at the meetings and the members each appear with his girded sword, the sight of a meeting of the _Landsgemeinde_ is most striking and interesting. The existing constitution of Inner Rhoden dates mainly from 1872, and that of Ausser Rhoden from 1876.

By the middle of the 11th century the abbots of St Gall had established their power in the land later called Appenzell, which, too, became thoroughly teutonized, its early inhabitants having probably been romanized Raetians. But as early as 1377, this portion of the abbots' domains formed an alliance with the Swabian free imperial cities and adopted a constitution of its own. The repeated attempts of the abbots to put down this independence of their rule were defeated in the battles of Vogelinsegg (1403), north-west of Trogen, and of the Stoss (1405), the pass leading from Gais over to Altstatten in the Rhine valley. In 1411 Appenzell was placed under the "protection" of the Swiss Confederation, of which, in 1452, it became an "allied member," and in 1513 a full member. Religious differences broke up the land after the Reformation into two portions, each called _Rhoden_, a term that in the singular is said to mean a "clearing," and occurs in 1070, long before the final separation. From 1798 to 1803 Appenzell, with the other domains of the abbot of St Gall, was formed into the canton Santis of the Helvetic Republic, but in 1803, on the creation of the new canton of St Gall, shrank back within its former boundaries. The oldest codes of the laws and customs of the land date from 1409 and 1585, the original MS. of the latter (called the "Silver Book" from its silver clasps) being still used in Inner Rhoden when, at the close of the annual _Landsgemeinde_, the newly elected _Landammann_ first takes the oath of office, and the assembled members then take that of obedience to him, in either case with uplifted right hands.

See also _Appenzellische Jahrbucher_ (3 series from 1854, Trogen); G. Baumberger, "_Juhu-Juuhu_"--_Appenzellerland und Appenzellerleut_ (Einsiedeln, 1903); J.G. Ebel, _Schilderung d. Gebirgsvolker d. Schweiz_, vol. i. (Leipzig, 1798); W. Kobelt, _Die Alpwirthschaft im Kant. App. Inner Rhoden_ (Soleure, 1899); I.B. Richman, _Appenzell_ (London, 1895); H. Ryffel, _Die schweiz. Landsgemeinden_ (Zurich, 1903); J.J. Tobler and A. Struby, _Die Alpwirthschaft im Kant. App. Ausser Rhoden_ (Soleure, 1900); J.C. Zellweger, _Geschichte d. app. Volkes_ (to 1597), 6 vols in 11 parts (Trogen, 1830-1838); J.C. Zellweger, junior, _Der Kant. App._. (Trogen, 1867); A. Tobler, _Das Volkslied im Appenzellerland_ (Basel, 1906); J.J. Blumer, _Staats- und Rechtsgeschichte d. schweiz. Demokratien_ (3 vols. St Gall, 1850-1859). (W. A. B. C.)

APPENZELL, the political capital of the Inner Rhoden half of the Swiss canton of Appenzell. It is built in a smiling green hollow on the left bank of the Sitter stream, which is formed by the union of several mountain torrents descending from the Santis. By light railways it is 12-1/2 m. from St Gall past Gais or 20-1/2 m. past Herisau. Its chief streets are paved, but it is rather a large village than a town, though in 1900 it had 4574 inhabitants, practically all German-speaking and Romanists. It has a stately modern parish church (attached to a Gothic choir), a small but very ancient chapel of the abbots of St Gall (whose summer residence was this village), and two Capuchin convents (one for men, founded in 1588, and one for women, founded in 1613). Among the archives, kept in the sacristy of the church, are several banners captured by the Appenzellers in former days, among them one taken in 1406 at Imst, near Lanedeck, with the inscription _Hundert Teufel_, though popularly this number is multiplied a thousandfold. In the principal square the _Landsgemeinde_ (or cantonal democratic assembly) is held annually in the open air on the last Sunday in April. The inhabitants are largely employed in the production of embroidery, though also engaged in various pastoral occupations. About 2-1/2 m. by road south-east of Appenzell is Weissbad, a well-known goat's whey cure establishment, while 1-1/2 hours above it is the quaint little chapel of Wildkirchli, built (1648) in a rock cavern, on the way to the Santis. (W. A. B. C.)

APPERCEPTION (Lat. _ad_ and _percipere_, perceive), in psychology, a term used to describe the presentation of an object on which attention is fixed, in relation to the sum of consciousness previous to the presentation and the mind as a whole. The word was first used by Leibnitz, practically in the sense of the modern Attention (q.v.), by which an object is apprehended as "not-self" and yet in relation to the self. In Kantian terminology apperception is (1) _transcendental_--the perception of an object as involving the consciousness of the pure self as subject, and (2) _empirical_,--the cognition of the self in its concrete existence. In (1) apperception is almost equivalent to self-consciousness; the existence of the ego may be more or less prominent, but it is always involved. According to J.F. Herbart (q.v.) apperception is that process by which an aggregate or "mass" of presentations becomes systematized (_apperceptions-system_) by the accretion of new elements, either sense-given or product of the inner workings of the mind. He thus emphasizes in apperception the connexion with the self as resulting from the sum of antecedent experience. Hence in education the teacher should fully acquaint himself with the mental development of the pupil, in order that he may make full use of what the pupil already knows.

Apperception is thus a general term for all mental processes in which a presentation is brought into connexion with an already existent and systematized mental conception, and thereby is classified, explained or, in a word, understood; e.g. a new scientific phenomenon is explained in the light of phenomena already analysed and classified. The whole intelligent life of man is, consciously or unconsciously, a process of apperception, inasmuch as every act of attention involves the appercipient process.

See Karl Lange, _Ueber Apperception_ (6th ed. revised, Leipzig, 1899; trans. E.E. Brown, Boston, 1893); G.F. Stout, _Analytic Psychology_ (London, 1896), bk. ii. ch. viii., and in general text-books of psychology; also PSYCHOLOGY.

APPERLEY, CHARLES JAMES (1777-1843), English sportsman and sporting writer, better known as "Nimrod," the pseudonym under which he published his works on the chase and the turf, was born at Plasgronow, near Wrexham, in Denbighshire, in 1777. Between the years 1805 and 1820 he devoted himself to fox-hunting. About 1821 he began to contribute to the _Sporting Magazine_, under the pseudonym of "Nimrod," a series of racy articles, which helped to double the circulation of the magazine in a year or two. The proprietor, Mr Pittman, kept for "Nimrod" a stud of hunters, and defrayed all expenses of his tours, besides giving him a handsome salary. The death of Mr Pittman, however, led to a law-suit with the proprietors of the magazine for money advanced, and Apperley, to avoid imprisonment, had to take up his residence near Calais (1830), where he supported himself by his writings. He died in London on the 19th of May 1843. The most important of his works are: _Remarks on the Condition of Hunters, the Choice of Horses_, &c. (1831); _The Chase, the Turf, and the Road_ (originally written for the _Quarterly Review_), (1837); _Memoirs of the Life of the Late John Mytton_ (1837); _Nimrod's Northern Tour_ (1838); _Nimrod Abroad_ (1842); _The Horse and the Hound_ (a reprint from the seventh edition of the _Encyclopaedia Britannica_) (1842); _Hunting Reminiscences_ (1843).

APPERT, BENJAMIN NICOLAS MARIE (1797-1847), French philanthropist, was born in Paris on the 10th of September 1797. While a young man he introduced a system of mutual instruction into the regimental schools of the department of the Nord. The success which it obtained induced him to publish a _Manual_ setting forth his system. While engaged in teaching prisoners at Montaigu, he fell under the suspicion of having connived at the escape of two of them, and was thrown into the prison of La Force. On his release he resolved to devote the rest of his life to bettering the condition of those whose lot he had for a time shared, and he travelled much over Europe for the purpose of studying the various systems of prison discipline, and wrote several books on the subject. After the revolution of 1830 he became secretary to Queen Marie Amelie, and organized the measures taken for the relief of the needy. He was decorated with the Legion of Honour in 1833.

His brother, FRANCOIS APPERT (d. 1840), was the inventor of the method of preserving food by enclosing it in hermetically sealed tins; he left a work entitled _Art de conserver les substances animales et vegetables_.

APPIAN (Gr. [Greek: Appianos]), of Alexandria, Roman historian, flourished during the reigns of Trajan, Hadrian and Antoninus Pius. He tells us that, after having filled the chief offices in his native place, he repaired to Rome, where he practised as an advocate. When advanced in years, he obtained, by the good offices of his friend Fronto, the dignity of imperial procurator--it is supposed in Egypt. His work ([Greek: Rumaika]) in twenty-four books, written in Greek, is rather a number of monographs than a connected history. It gives an account of various peoples and countries from the earliest times down to their incorporation into the Roman empire. Besides a preface, there are extant eleven complete books and considerable fragments. In spite of its unattractive style, the work is very valuable, especially for the period of the civil wars.

Editio princeps, 1551; Schweighauser, 1785; Bekker, 1852; Mendelssohn, 1878-1905. English translations: by W. B., 1578 (black letter); J. D[avies], 1679; H. White, 1899 (Bohn's Classical Library); bk. i. ed. by J.L. Strachan-Davidson, 1902.

APPIANI, ANDREA (1754-1817), the best fresco painter of his age, was born at Milan. He was made pensioned artist to the kingdom of Italy by Napoleon, but lost his allowance after the events of 1814 and fell into poverty. Correggio was his model, and his best pieces, which are in the church of Santa Maria presso San Celso and the royal palace at Milan, almost rival those of his great master. He also painted Napoleon and the chief personages of his court. Among the most graceful of his oil-paintings are his "Venus and Love," and "Rinaldo in the Garden of Armida." He is known as "the elder," to distinguish him from his great-nephew Andrea Appiani (1817-1865), an historical painter at Rome. Other painters of the same name were Niccolo Appiani (fl. 1510) and Francesco Appiani (1704-1792).

APPIA, VIA, a high-road leading from Rome to Campania and lower Italy, constructed in 312 B.C. by the censor Appius Claudius Caecus. It originally ran only as far as Capua, but was successively prolonged to Beneventum, Venusia, Tarentum and Brundusium, though at what dates is unknown. Probably it was extended as far as Beneventum not long after the colonization of this town in 268 B.C., and it seems to have reached Venusia before 190 B.C. Horace, in the journey to Brundusium described in _Sat_. i. 5, followed the Via Appia as far as Beneventum, but not beyond.

The original road was no doubt only gravelled (_glarea strata_); in 298 B.C. a footpath was laid _saxo quadrato_ from the Porta Capena, by which it left Rome, to the temple of Mars, about 1 m. from the gate. Three years later, however, the whole road was paved with _silex_ from the temple to Bovillae, and in 191 B.C. the first mile from the gate to the temple was similarly treated. The distance from Rome to Capua was 132 m. For the first few miles the road is flanked by an uninterrupted series of tombs and other buildings (see L. Canina, _Via Appia_, Rome, 1853). As far as Terracina it ran in an almost entirely straight line, even through the Alban Hills, where the gradients are steep. A remarkably fine embankment belonging to it still exists at Aricia. At Forum Appii it entered the Pomptine Marshes; that this portion (19 m. long, hence called Decennovium) belonged to the original road was proved by the discovery at Ad Medias (Mesa) of a milestone of about 250 B.C. (Ch. Hulsen, in _Romische Mitteilungen_, 1889, 83; 1895, 301). A still older road ran along the foot of the Volscian mountains past Cora, Norba and Setia; this served as the post road until the end of the 18th century. At the time of Strabo and Horace, however, it was the practice to travel by canal from Forum Appii to Lucus Feroniae; to Nerva and Trajan were due the paving of the road and the repair of the bridges along this section. Theodoric in A.D. 486 ordered the execution of similar repairs, the success of which is recorded in inscriptions, but in the middle ages it was abandoned and impassable, and was only renewed by Pius VI. The older road crossed the back of the promontory at the foot of which Terracina stands; in imperial times, probably, the rock was cut away perpendicularly for a height of 120 ft. to allow the road to pass. Beyond Fundi it passed through the mountains to Formiae, the engineering of the road being noteworthy; and thence by Minturnae and Sinuessa (towns of the Aurunci which had been conquered in 314 B.C.)[1] to Capua. The remains of the road in this first portion are particularly striking.

Between Capua and Beneventum, a distance of 32 m., the road passed near the defile of Caudium (see CAUDINE FORKS). The modern highroad follows the ancient line, and remains of the latter, with the exception of three well-preserved bridges, which still serve for the modern highroad, are conspicuous by their absence. The portion of the road from Rome to Beneventum is described by Sir R. Colt Hoare, _Classical Tour through Italy_, 57 seq. (London, 1819). He was accompanied on his journey, made in 1789, by the artist Carlo Labruzzi, who executed a series of 226 drawings, the greater part of which have not been published; they are described by T. Ashby in _Melanges de l'Ecole Francaise de Rome_ (1903), p. 375 seq., and _Atti del Congresso Internazionale per le Scienze Storiche_, vol. v. (Rome, 1904), p. 125 seq.

From Beneventum to Brundusium by the Via Appia, through Venusia and Tarentum, was 202 m. A shorter route, but more fitted for mule traffic, though Horace drove along part of it,[2] ran by Aequum Tuticum, Aecae, Herdoniae, Canusium, Barium, and Gnatia (Strabo vi. 282); it was made into a main road by Trajan, and took the name Via Traiana. The original road, too, adopted in imperial times a more devious but easier route by Aeclanum instead of by Trevicum. This was restored by Hadrian for the 15 m. between Beneventum and Aeclanum. Under Diocletian and Maximian a road (the Via Herculia) was constructed from Aequum Tuticum to Pons Aufidi near Venusia, where it crossed the Via Appia and went on into Lucania, passing through Potentia and Grumentum, and joining the Via Popilia near Nerulum. Though it must have lost much of its importance through the construction of the Via Traiana, the last portion from Tarentum to Brundusium was restored by Constantine about A.D. 315.

The Via Appia was the most famous of Roman roads; Statius, _Silvae_, ii. 2. 12, calls it _longarum regina viarum_. It was administered under the empire by a curator of praetorian rank, as were the other important roads of Italy. A large number of milestones and other inscriptions relating to its repair at various times are known. See Ch. Hulsen in Pauly-Wissowa, _Realencyclopadie_, ii. 238 seq. (Stuttgart, 1896). (T. As.)

FOOTNOTES:

[1] It is important to note how the Romans followed up every victory with a road.

[2] From Beneventum he followed the older line of the Via Appia to Trevicum; thence, leaving the main road at Aquilonia, he went to Ausculum ("quod versu dicere non est"), the mod. Ascoli Satriano, by a by-road, for the milestones which have been found there, though they probably belong to the Via Traiana, cannot be in their original position, but must have been transplanted thither (Th. Mommsen in _Corp. Inscrip. Lat._, ix. 1883, No. 6016)--and on to Herdoniae (why Mommsen says that he left Herdoniae on the left, _op. cit._ p. 592, is not clear), where he joined the line of the later Via Traiana.

APPIN, a coast district of Argyllshire, Scotland, bounded W. by Loch Linnhe, S. by Loch Creran, E. by the districts of Benderloch and Lorne, and N. by Loch Leven. It lies north-east to south-west, and measures 14 m. in length by 7 m. in breadth. The scenery of the coast is extremely beautiful, and inland the country is rugged and mountainous. The principal hills are the double peaks of Ben Vair (3362 ft. and 3284 ft.) and Creag Ghorm (2372 ft.) in the north, and Fraochie (2883 ft.), Meall Ban (2148 ft.) and Ben Mhic na Ceisich (2093 ft.) near the right flank of Glen Creran. The chief streams are the Coe and Laroch, flowing into Loch Leven, the Duror and Salachan flowing into Loch Linnhe, and the lola and Creran flowing into Loch Creran. The leading industries comprise slate and granite quarries and lead mining. Ballachulish, Duror, Portnacroish, Appin and Port Appin are the principal villages. Ballachulish and Port Appin are ports of call for steamers, and the Caledonian railway company's branch line from Connel Ferry to Ballachulish runs through the coast land and has stations at Creagan, Appin, Duror, Kentallen and Ballachulish Ferry. Appin was the country of a branch of the Stewarts.

APPLAUSE (Lat. _applaudere_, to strike upon, clap), primarily the expression of approval by clapping of hands, &c.; generally any expression of approval. The custom of applauding is doubtless as old and as widespread as humanity, and the variety of its forms is limited only by the capacity for devising means of making a noise. Among civilized nations, however, it has at various times been subject to certain conventions. Thus the Romans had a set ritual of applause for public performances, expressing degrees of approval: snapping the finger and thumb, clapping with the flat or hollow palm, waving the flap of the toga, for which last the emperor Aurelian substituted a handkerchief (_orarium_), distributed to all Roman citizens (see STOLE). In the theatre, at the close of the play, the chief actor called out "Valete et plaudite!", and the audience, guided by an unofficial choregus, chaunted their applause antiphonally. This was often organized and paid for (Bottiger, _Uber das Applaudieren im Theater bei den Alten_, Leipz., 1822). When Christianity became fashionable the customs of the theatre were transferred to the churches. Eusebius (_Hist. Eccl._ vii. 30) says that Paul of Samosata encouraged the congregation to applaud his preaching by waving linen cloths ([Greek: othonais]), and in the 4th and 5th centuries applause of the rhetoric of popular preachers had become an established custom. Though, however, applause may provide a healthy stimulus, its abuse has led to attempts at abolishing or restricting it even in theatres. The institution of the _claque_, people hired by performers to applaud them, has largely discredited the custom, and indiscriminate applause has been felt as an intolerable interruption to serious performances. The reverential spirit which abolished applause in church has tended to spread to the theatre and the concert-room, largely under the influence of the quasi-religious atmosphere of the Wagner performances at Baireuth. In Germany (e.g. the court theatres at Berlin) applause during the performance and "calling before the curtain" have been officially forbidden, but even in Germany this is felt to be in advance of public opinion. (See also ACCLAMATION and CHEERING.)

APPLE (a common Teut. word, A.S. _aepl, aeppel_, O.H.G. _aphul, aphal, apfal_, mod. Ger. _Apfel_), the fruit of _Pyrus Malus_, belonging to the sub-order _Pomaceae_, of the natural order _Rosaceae_. It is one of the most widely cultivated and best-known and appreciated of fruits belonging to temperate climates. In its wild state it is known as the crab-apple, and is found generally distributed throughout Europe and western Asia, growing in as high a latitude as Trondhjem in Norway. The crabs of Siberia belong to different species of _Pyrus_. The apple-tree as cultivated is a moderate-sized tree with spreading branches, ovate, acutely serrated or crenated leaves, and flowers in corymbs. The fruit is too well known to need any description of its external characteristics. The apple is successfully cultivated in higher latitudes than any other fruit tree, growing up to 65 deg. N., but notwithstanding this, its blossoms are more susceptible of injury from frost than the flowers of the peach or apricot. It comes into flower much later than these trees, and so avoids the night frost which would be fatal to its fruit-bearing. The apples which are grown in northern regions are, however, small, hard, and crabbed, the best fruit being produced in hot summer climates, such as Canada and the United States. Besides in Europe and America, the fruit is now cultivated at the Cape of Good Hope, in northern India and China, and in Australia and New Zealand.

Apples have been cultivated in Great Britain probably since the period of the Roman occupation, but the names of many varieties indicate a French or Dutch origin of much later date. In 1688 Ray enumerated seventy-eight varieties in cultivation in the neighbourhood of London, and now it is calculated that about 2000 kinds can be distinguished. According to the purposes for which they are suitable, they can be classed as--1st, dessert; 2nd, culinary; and 3rd, cider apples. The principal dessert apples are the Pippins (_pepins_, seedlings), of which there are numerous varieties. As culinary apples, besides Rennets and other dessert kinds, Codlins and Biffins are cultivated. In England, Herefordshire and Devonshire are famous for the cultivation of apples, and in these counties the manufacture of cider (q.v.) is an important industry. Cider is also extensively prepared in Normandy and in Holland. Verjuice is the fermented juice of crab apples.

A large trade in the importation of apples is carried on in Britain, imports coming chiefly from French, Belgian and Dutch growers, and from the United States and British North America. Dried and pressed apples are imported from France for stewing, under the name of Normandy Pippins, and similarly prepared fruits come also from America.

The apple may be propagated by seeds to obtain stocks for grafting, and also for the production of new varieties. The established sorts are usually increased by grafting, the method called whip-grafting being preferred. The stocks should be at least as thick as the finger; and should be headed back to where the graft is to be fixed in January, unless the weather is frosty, but in any case before vegetation becomes active. The scions should be cut about the same time, and laid in firmly in a trench, in contact with the moist soil, until required.

The tree will thrive in any good well-drained soil, the best being a good mellow calcareous loam, while the less iron there is in the subsoil the better. The addition of marl to soils that are not naturally calcareous very much improves them. The trees are liable to canker in undrained soils or those of a hot sandy nature. Where the soil is not naturally rich enough, it should be well manured, but not to the extent of encouraging over-luxuriance. It is better to apply manure in the form of a compost than to use it in a fresh state or unmixed.

To form an orchard, standard trees should be planted at from 25 to 40 ft. between the rows, according to the fertility of the soil and other considerations. The trees should be selected with clean, straight, self-supporting stems, and the head should be shapely and symmetrical, with the main branches well balanced. In order to obtain such a stem, all the leaves on the first shoot from the graft or bud should be encouraged to grow, and in the second season the terminal bud should be allowed to develop a further leading shoot, while the lateral shoots should be allowed to grow, but so that they do not compete with the leader, on which the growth of leaves should be encouraged in order that they may give additional strength to the stem below them. The side shoots should be removed gradually, so that the diminution of foliage in this direction may not exceed the increase made by the new branches and shoots of the upper portion. Dwarf pyramids, which occupy less space than open dwarfs, if not allowed to grow tall, may be planted at from 10 to 12 ft. apart. Dwarf bush trees may be planted from 10 to 15 ft. apart, according to the variety and the soil. Dwarf bushes on the Paradise stock are both ornamental and useful in small gardens, the trees being always conveniently under control. These bush trees, which must be on the proper stock--the French Paradise--may be planted at first 6 ft. apart, with the same distance between the rows, the space being afterwards increased, if desired, to 12 ft. apart, by removing every alternate row.

"Cordons" are trees trained to a single shoot, the laterals of which are kept spurred. They are usually trained horizontally, at about 1-1/2 ft. from the ground, and may consist of one stem or of two, the stems in the latter case being trained in opposite directions. In cold districts the finer sorts of apples may be grown against walls as upright or oblique cordons. From these cordon trees very fine fruit may often be obtained. The apple may also be grown as an espalier tree, a form which does not require much lateral space. The ordinary trained trees for espaliers and walls should be planted 20 ft. apart.

The fruit of the apple is produced on spurs which form on the branchlets of two years old and upwards, and continue fertile for a series of years. The principal pruning should be performed in summer, the young shoots if crowded being thinned out, and the superabundant laterals shortened by breaking them half through. The general winter pruning of the trees may take place any time from the beginning of November to the beginning of March, in open weather. The trees are rather subject to the attacks of the American blight, the white cottony substance found on the bark and developed by an insect (_Eriosoma, mali_), somewhat similar to the green-fly of the garden, but not a true aphis. It may be removed by scrubbing with a hard brush, by painting the affected spots with any bland oil, or by washing them with dilute paraffin and soft soap.

The apple-blossom weevil (_Anthonomus pomorum_), a small reddish-brown beetle, often causes serious damage to the flowers. The female bores and lays an egg in the unopened bud, and the maggot feeds on the stamens and pistil. The weevil hibernates in the crannies of the bark or in the soil at the base of the trees, and bandages of tarred doth placed round the stem in spring will prevent the female from crawling up.

The codlin moth (_Carpocapsa pomonana_) lays its eggs in May in the calyx of the flowers. The young caterpillar, which is white with black head and neck, gnaws its way through the fruit, and pierces the rind. When nearly full grown it attacks the core, and the fruit soon drops. The insect emerges and spins its cocoon in a crack of the bark.

To check this disease the apples which fall before ripening should be promptly removed. A loosely made hay-band twisted round the stem about a foot from the ground is of use. The grubs will generally choose the bands in which to make their cocoon; at the end of the season the bands are collected and burned.

The following are a few of the most approved varieties of the apple tree, arranged in order of their ripening, with the months in which they are in use:--

Dessert Apples.

White Juneating. . . . . . . . . . July Early Red Margaret. . . . . . . . . Aug. Irish Peach . . . . . . . . . . . Aug. Devonshire Quarrenden. . . . . . . . Aug., Sept. Duchess of Oldenburg . . . . . . . . Aug., Sept. Red Astrachan . . . . . . . . . . Sept. Kerry Pippin. . . . . . . . . . . Sept., Oct. Peasgood's Nonesuch . . . . . . . . Sept.-Nov. Sam Young. . . . . . . . . . . . Oct.-Dec. King of the Pippins . . . . . . . . Oct.-Jan. Cox's Orange Pippin . . . . . . . . Oct.-Feb. Court of Wick . . . . . . . . . . Oct.-Mar. Blenheim Pippin. . . . . . . . . . Nov.-Feb. Sykehouse Russet . . . . . . . . . Nov.-Feb. Fearn's Pippin . . . . . . . . . . Nov.-Mar. Mannington's Pearmain. . . . . . . . Nov.-Mar. Margil. . . . . . . . . . . . . Nov.-Mar. Ribston Pippin . . . . . . . . . . Nov.-Mar. Golden Pippin . . . . . . . . . . Nov.-Jan. Reinette de Canada. . . . . . . . . Nov.-Apr. Ashmead's Kernel . . . . . . . . . Nov.-Apr. White Winter Calville (grown under glass) . Dec.-Mar. Braddick's Nonpareil . . . . . . . . Dec.-Apr. Court-pendu Plat . . . . . . . . . Dec.-Apr. Northern Spy. . . . . . . . . . . Dec.-May Cornish Gilliflower . . . . . . . . Dec.-May Scarlet Nonpareil . . . . . . . . . Jan.-Mar. Cockle's Pippin. . . . . . . . . . Jan.-Apr. Lamb Abbey Pearmain . . . . . . . . Jan.-May Old Nonpareil . . . . . . . . . . Jan.-May Duke of Devonshire. . . . . . . . . Feb.-May Sturmer Pippin . . . . . . . . . . Feb.-June

Kitchen Apples.

Keswick Codlin . . . . . . . . . . Aug.-Sept. Lord Suffield . . . . . . . . . . Aug.-Sept. Manks Codlin. . . . . . . . . . . Aug.-Oct. Ecklinville Seedling . . . . . . . . Aug.-Nov. Stirling Castle. . . . . . . . . . Aug.-Nov. New Hawthornden. . . . . . . . . . Sept.-Oct. Stone's Seedling . . . . . . . . . Sept.-Nov. Emperor Alexander . . . . . . . . . Sept.-Dec. Waltham Abbey Seedling . . . . . . . Sept.-Jan. Cellini . . . . . . . . . . . . Oct., Nov. Gravenstein . . . . . . . . . . . Oct.-Dec. Hawthornden . . . . . . . . . . . Oct.-Dec. Baumann's Red Winter Reinette . . . . . Nov.-Mar. Mere de Menage . . . . . . . . . . Oct.-Mar. Beauty of Kent . . . . . . . . . . Oct.-Feb. Yorkshire Greening. . . . . . . . . Oct.-Feb. Gloria Mundi. . . . . . . . . . . Nov.-Jan. Blenheim Pippin. . . . . . . . . . Nov.-Feb. Tower of Glammis . . . . . . . . . Nov.-Feb. Warner's King . . . . . . . . . . Nov.-Mar. Alfriston. . . . . . . . . . . . Nov.-Apr. Northern Greening . . . . . . . . . Nov.-Apr. Reinette de Canada. . . . . . . . . Nov.-Apr. Bess Pool. . . . . . . . . . . . Nov.-May Winter Queening. . . . . . . . . . Nov.-May Lane's Prince Albert . . . . . . . . Oct.-May Norfolk Beaufin. . . . . . . . . . Nov.-July

Apples for table use should have a sweet juicy pulp and rich aromatic flavour, while those suitable for cooking should possess the property of forming a uniform soft pulpy mass when boiled or baked. In their uncooked state they are not very digestible, but when cooked they form a very safe and useful food, exercising a gentle laxative influence.

According to Hutchison their composition is as follows:--

+-------+-------+---------+--------+--------+------+--------+------+ | |Water. | Proteid.| Ether | Carbo- | Ash. | Cellu- |Acids.| | | | |Extract.|hydrate.| | lose. | | | +-------+---------+--------|--------|------+--------+------+ | Fresh | 82.5 | 0.4 | 0.5 | 12.5 | 0.4 | 2.7 | 1.0 | | Dried | 36.2 | 1.4 | 3.0 | 49.1 | 1.8 | 4.9 | 3.6 | +-------+-------+---------+--------+--------+------+--------+------+

Many exotic fruits, having nothing in common with the apple; are known by that name, e.g. the Balsam apple, _Momordica Balsamina_; the custard apple (q.v.), _Anona reticulata_; the egg apple, _Solanum esculentum_; the rose apple, various species of _Eugenia_; the pineapple (q.v.), _Ananas sativus_; the star apple, _Chrysophyllum Cainito_; and the apples of Sodom, _Solanum sodomeum_. (A. B. R.)

APPLEBY, a market town and municipal borough, and the county town of Westmorland, England, in the Appleby parliamentary division, 276 m. N.N.W. from London, on the Midland and a branch of the North Eastern railways. Pop. (1901) 1764. It is picturesquely placed in the valley of the Eden, which is richly wooded, and flanked on the north-east by spurs of Milburn Forest and Dufton and other fells, which rise up to 2600 ft. On a hill above the town stands the castle, retaining a fine Norman keep and surrounded by a double moat, now partly laid out as gardens. The remainder of the castle was rebuilt as a mansion in the 17th century. It was held for the royalists in the civil wars by Sir Philip Musgrave, and was the residence of Anne, countess of Pembroke, the last of the family of Clifford, which had great estates in this part of England. St Ann's hospital for thirteen poor women (1654) was of her foundation. The grammar school (1453) was refounded by Queen Elizabeth. The modern incorporation dates from 1885, with a mayor, four aldermen and twelve councillors. Area, 1876 acres.

Appleby is not mentioned in any Saxon records, but after the Conquest it rose to importance as the head of the barony of Appleby which extended over the eastern portion of the present county of Westmorland. This barony formed part of the province of Carlisle granted by Henry I. to Ranulf Meschin, who erected the castle at Appleby and made it his place of residence. Appleby is a borough by prescription, and the old charter of incorporation, granted in the first year of James II., was very shortly abandoned. In 1292 we find the mayor and commonalty claiming the right to elect a coroner and to have tolls of markets and fairs. In 1685 the governing body comprised a mayor, aldermen, a town clerk, burgesses of the common council, a coroner and subordinate officers. An undated charter from Henry II. conceding to the burgesses the customs of York, Was confirmed in 1 John, 16 Henry III., 14 Edward I., and 5 Edward III. John granted the borough to the burgesses for a fee-farm rent. The impoverishment caused by the Scottish raids led to its seizure by Edward II. for arrears of payment, but Edward III. restored it on the same terms as before. Henry VIII. reduced the fee-farm rent from 20 marks to 2 marks, after an inquisition which found that Appleby was burnt by the Scots in 1388 and that part of it still lay in ruins. The town, however, never seems to have regained its prosperity, and 16th and 17th century writers speak of it as a poor and insignificant village. Appleby returned two members to parliament from 1295 until disfranchised by the Reform Act of 1832. The market and the St Lawrence fair are held by prescription. James I. granted an additional fair on the second Thursday in April. In the early 18th century Appleby was celebrated for the best corn-market in the country.

See _Victoria County History, Westmorland_; W. Hewitson, _Appleby Charters_ (Cumberl. and Westm. Antiq. and Archaeol. Soc., Transactions, xi. 279-285; Kendal, 1891).

APPLETON, NATHAN (1770-1861) American merchant and politician, was born in New Ipswich, New Hampshire, on the 6th of October 1779. He was educated in the New Ipswich Academy, and in 1794 entered mercantile life in Boston, in the employment of his brother, Samuel (1766-1853), a successful and benevolent man of business, with whom he was in partnership from 1800 to 1809. He co-operated with Francis C. Lowell and others in introducing the power-loom and the manufacture of cotton on a large scale into the United States, a factory being established at Waltham, Massachusetts, in 1814, and another in 1822 at Lowell, Massachusetts, of which city he was one of the founders. He was a member of the general court of Massachusetts in 1816, 1821, 1822, 1824 and 1827, and in 1831-1833 and 1842 of the national House of Representatives, in which he was prominent as an advocate of protective duties. He died in Boston on the 14th of July 1861.

His son, THOMAS GOLD APPLETON (1812-1884), who graduated at Harvard in 1831, had some reputation as a writer, an artist and a patron of the fine arts, but was better known for his witticisms, one of which, the oft-quoted "Good Americans, when they die, go to Paris," is sometimes attributed to Oliver Wendell Holmes. He published some poems and, in prose, _Nile Journal_ (1876), _Syrian Sunshine_ (1877), _Windfalls_ (1878), and _Chequer-Work_ (1879).

See the memoir of Nathan Appleton by Robert C. Winthrop (Boston, 1861); and Susan Hale's _Life and Letters of Thomas Gold Appleton_ (New York, 1885).

APPLETON, a city and the county-seat of Outagamie county, Wisconsin, U.S.A., on the lower Fox river, about 90 m. N. of Milwaukee. Pop. (1890) 11,869; (1900) 15,085, of whom 3605 were foreign-born; (1910, census) 16,773. It is served by the Chicago & North-Western, and the Chicago, Milwaukee & St Paul railways, and by steamboats on the Fox river, by means of which it meets lake transportation at De Pere and Green Bay. Appleton was one of the first cities in the United States to have an electric street railway line in operation; and electric street railways now traverse the entire Fox river valley as far as Fond du Lac on the south and Green Bay on the north. The city is attractively laid out on high bluffs above the river. It has several beautiful parks, two hospitals, a number of fine churches and school buildings, and a public library. The city is the seat of Lawrence college (changed from university in 1908), an interdenominational (originally a Methodist Episcopal) co-educational institution, founded in 1847 as the Lawrence Institute of Wisconsin and named in honour of Amos Adams Lawrence (1814-1886) of Boston, son of Amos Lawrence, and giver of $10,000 for the founding of the Institute. The college comprises an academy, a college of liberal arts, a school of expression, a school of commerce, schools of music and of art, and a school of correspondence; and in 1907-1908 had 33 instructors, 575 students and a library of 24,400 volumes. The Fox river furnishes about 10,000 h.p., which is largely utilized for the manufacture of paper (of which Appleton is one of the largest producers in the United States), wood-pulp, sulphite fibre, machinery, wire screens, woollen goods, knit goods, furniture, dyes and flour. The total value of factory products in 1905 was $6,672,457, an increase of 72.8% over the product value of 1900. Appleton was first permanently settled in 1833, and was named in honour of Samuel Appleton of Massachusetts, who owned part of the original town plot. It was incorporated as a village in 1853, and received in 1857 a city charter, which was revised in 1887 and in 1905.

APPOGGIATURA (from Ital. _appoggiare_, to lean upon), a musical term for a melodic ornament, a grace-note prefixed to a principal note and printed in small character. The effect is to suspend the principal note, by taking away the time-value of the _appoggiatura_ prefixed to it. There are two kinds, the long _appoggiatura_, now usually printed as played, and the short, where the suspension of the principal note is scarcely perceptible; this is often called _acciatura_, a word properly applied to an ornament now obsolete, in which a principal note in a melody is struck together with the note immediately below, the lower note being at once released and the other held on.

APPOINTMENT, POWER OF, in English law, an authority reserved by or limited to a person, to dispose, either wholly or partially, of real or personal property, either for his own benefit or for that of others. Thus if A settle property upon trustees to such uses as B shall by deed or will appoint and in default of and until such appointment to the use of C and his heirs, B, though he has no interest in the property, can at any time appoint the property to any one he pleases, including himself, and C's interest which has hitherto been vested in him will be divested. In the above case A is said to be the donor, B the donee, and the persons in whose favour the appointment is exercised are called the appointees. Such powers are either general or limited. A general power is one which the appointor may exercise in favour of any person he pleases. It is obvious that such a power is very nearly equivalent to ownership, and consequently property which is the subject of a general power has been made to share the liabilities of ownership. By the Judgments Act 1838 all hereditaments over which a judgment debtor has such a power may be seized by the sheriff under a writ of _elegit_, and by the Bankruptcy Act 1883 similar property will vest in the trustees of a bankrupt. By the Finance Act 1894 property of which the deceased had a general power of appointment is subject to the payment of estate duty, even though the power has not been exercised. A limited power is one which can only be exercised in favour of certain specified persons or classes; such a power is frequently inserted in marriage settlements in which after life estates to the husband and wife a power is given to appoint among the children of the marriage. In such a case no appointment to any one but children of the marriage is valid. Formerly it was held that the intention of the donor of such a power was that each of the class which are the objects of the power should take some part of the fund, and from this arose the equitable doctrine of illusory appointments, by which the courts of equity set aside an appointment which was good at law on the ground that a merely nominal share had been appointed to one of the objects. The great difficulty of deciding what was a nominal or illusory share caused the passing of the Illusory Appointments Act of 1830, whereby it was enacted that no appointment should be set aside merely on the ground that a share appointed was illusory. It was still necessary, however, that some share should be appointed to each object, and consequently it was possible in the popular phrase to be "cut off with a shilling," but now by the Powers Amendment Act 1874 the appointor is no longer obliged to appoint a share to each object of the power.

It is a general rule that every circumstance required by the instrument creating the power to accompany the execution of it must be strictly observed. Thus it might be required that the appointment should be by an instrument witnessed by four witnesses, or that the consent in writing of some third party should be signified. The general rule, however, has been modified both by statute and by the rules of equity. By the Wills