AITKAL. 



APPLK. 



M* he er eh* was allowed to state in a counterplea UM ground 

 option, and to refer the charge to the ordinary tribunaL The I 

 party accused wa* aleo disqualified from insisting on his wager of 

 battle, where h* had been detected in UM very act of committing th* 

 t^Tc&ot. oc uwlflf ctraunfteUWtti which praclwtad All Question of hi 

 guilt. Indeed (if early authorities ar* to b* trusted) it in far from clear 

 that a criminal, apprehended m jU-/r,iH tMitto, did not undergo the 

 penalties of UM law forthwith, without th* formality of any trial at 

 all (See Palgraves EngUah ComnionwealUi,' vol. i. p. 210.) The 

 law oo this latter point formed the subject of an interesting dUoussion 



the Court of King's Bench in the year 1818, in the case of AA- 

 f*rd v. Tkantn*. reported 1 Barn, ft Aid. 406. Upon that occasion 

 UM defendant had been acquitted upon a prior indictment for the 



i female, whom he was supposed to have previously 

 The acquittal of the accused upon evidence which appeared 

 many suOcieot to establish his guilt 'occasioned great dissstisfa*- 

 , and the brother and next heir of the deceased was accordingly 

 advised to bring the matter again under the consideration of a jury by 

 UM dhueed procees of an appeal. Th* defendant waged his battle in 

 UM manner above described, and the appellant replied circumstances 

 of inch strong and pregnant suspicion a* (it was contended) precluded 

 the defendant from asserting hi* innocence by battle. It was, how- 

 ever, decided by the court that an appeal, being in its origin and 

 nature a hostile challenge, gave to the appellee a right to insist upon 

 ftghting, and that th* appellant could nut deprive him of that right by 



mere allegation of suspicious circumstances. The case would have pro- 

 reeded in due course, if the legal antiquaries had not been disappointed 

 ef UM rare spectacle of a judicial duel by the voluntary abandonment 

 of UM prosecution. In the following year an Act (09 Oeo. III. ch. 46) 

 was pases H to abolish all criminal appeals and trial by battle in all 

 ceas* both civil and criminal. (' BUokst. Comm.,' Mr. Kerr's ed., vol. iv. 

 p.7.) 



The rsnnn in which, by the ancient law, appeals were permitted, were 

 , capital felony, mayhem, and larceny. Indeed, the earliest 

 of our Law contain proofs that appeals were a common mode 

 of pr"f**"*ing in many ordinary breaches of the peace, which at this 

 day are the subject of an action of trespass. The wife could prosecute 

 an appeal for the murder of her husband ; the heir male general for 

 the murder of his ancestor ; and in any ease the prosecutor might 

 lawfully compromise the suit by accepting a pecuniary satisfaction 

 from the accused. Hence it was that the proceeding wan in fact 

 frequently resorted to for the purpose of obtaining such compensation, 

 rather than for th* ostensible object of ensuring the execution of 

 justice on the offender. (See further, Hawkins's ' Pleas of the Crown,' 

 book it chaps. 88 and 45 ; Kendal's ' Argument for Construing largely,' 

 *c. ; Biyby v. A>s<rfy, Sir Will. BUckstone's ' Reports,' p. 714 ; and 

 th* ingenious speculations of Sir F. Palgrnve on the origin of trial by 

 haul*, in his work on the Commonwealth of England.) 



Pseirlns the appeal by innocent or injured parties, a similar proceed- 

 ing was in certain cases instituted at the suit of an accomplice. The 

 nhiMieisniirii under which this might be done wilt be found under the 

 srtiot* ArmovEK. 



APPKAL. The removal of a cause from an inferior court or judge 

 to a superior one, for the purpose of examining the validity of the 

 judgment given by such inferior court or judge, is called an appeal. 



An appeal from the decision of a court of common law is usually 

 prosecuted by krinyin/f error, as it U termed, by means of which the 

 judgment of the court below undergoes discussion, and is either 

 affirmed or reversed in the court of error. [ERBon.1 



The term appeal, used in the above sense, is by the law of England 

 applied in strictness chiefly to certain proceeding* in Parliament, in 

 the privy council, in the court* of equity, in the Admiralty and eccle- 

 efaeocal courts, and in the court of quarter merioni. 



Thus, an appeal lies to the House of Lord* from the decree of the 

 Court of Ch*.niij in this country, and in Ireland; and from the 

 decision of UM court of session in Scotland. 



An appeal lie* to the queen in council from the decrees and deci- 

 sions rif the colonial courts, and Indeed from all judicatures within the 

 dominion* of the crown, except Great Britain anil Ireland. [.I > 

 COMMITTEE.) To UM neme jurisdiction are referred (in the last resort) 

 all ecclesiastical and admiralty causes, and all matters; of lunacy and 



AdMiekn of the Master of the Rolls or any of the Vice-Chancellor- 

 m*y b* reversed or altered by the Lord Chancellor, or by the Lords 

 Justices oi the Court of Appeal in Chancery, upon it- proceeding in 

 UM nature of an apfieaL 



An appeal lie* directly from the vice-admiralty courts of the eolo- 

 MS, end from other inferior admiralty court*, as well a* from the 

 High Court of Admiralty, to the queen in council. 



In tiMirnlseJislii.il court*, a series of appeals Is provided from the 

 AreHeacot/s Oenrt to that of the bUhnp, and fmrn the binhop to the 

 archbWioj, From th* archbishop the appeal lay to the pop. until 

 UM reign i.f Henry VIII . |,.-n th* mipremacy being transferred t.. 

 UM crown, the appeal wa* thenceforth t'> certain delegates named by 

 UM overrign. 'I delegate*, appointed for each c 



whom UM sovereign oW<?i/<W hi* authority , wa* the ordinary appellate 

 tribunal, until the transference of their JtirbdfctJon to the crown in 

 council, by tk* statute * ft 9 Will ] v (.-.. 



Soeh an the principal beads of appeal, to which we may add th* 

 appellate jurisdiction of the justices of the peace assembled at the quarter 

 sessions, to whom various statutes have given authority to hear, upon 

 appeal, th* complaints of persons alleging themselves to be aggrieved 

 by the orders or acts of individual magistrates. 



In some MIIS an appeal in lieu of error is allowed from the supeiior 

 courts of common law to the Exchequer Chamber, and thence to the 

 House of Lords. 



APPEARANCE. [PWADIXO.] 



APPLE. This fruit, which, from its hardineo* and great abundance, 

 combined with its excellent flavour, is one of the most important 

 productions of cold climates, is, in its wild state, the austere orab- 

 apple of the hedge*. At what period it first began to acquire from 

 cultivation the sweetness and other qualities which are peculiar to it 

 in its domesticated state, or by what accident the tendency to ameliora- 

 tion was first given it, we have no means of ascertaining. All that we 

 know is, that the apple Is spoken of by Homer as being one of th. 

 fruit tree* cultivated in the gardens of Alcinous and of Laertes, that it 

 was a favourite fruit of the Romans, who had many varieties, and that 

 it has never ceased to be an object of great interest with all northern 

 nations. 



It is a most inexplicable circumstance, that while some kit 

 plants will produce a great multitude of varieties when raise. 1 

 seed, and are susceptible of on almost unlimited degree of ii 

 inent. there are others of very nearly a similar nature which xveiu 

 almost incapable of varying at all : and yet there are no many instances 

 of it that the fact will not admit of doubt. Among these instances are 

 the apple and the hawthorn : millions of millions of the latter have 

 been raised in this country alone, and yet our gardens do not contain 

 above half-a-dozen well-marked varieties; of the apple, nn th con- 

 trarv, which is, botanicolly, closely allied to the hawthorn, the v.v 

 are innumerable ; in the last edition of the ' Catalog' ' i.irden 



of the Horticultural Society,' 1,400 are described ; and it if probable 

 that this is not more than half the number really known. 



In the beginning, varieties, it may be supposed, were produced 

 accidentally, owing to the peculiar tendency to chan 

 species of fruit possesses. A few varieties once obtained and placed 

 in a garden, their blossoms would be certain to fertilise 

 mutually, giving and taking the ]>eculiar properties of one another . ii 

 the seeds of these were again sown, a grtater degree of variation would 

 arise; and this being repeated from gi-iu-r.it ion t<. Kcncnitinn, the 

 progeny would soon begin to differ *o itineh from the original parents 

 as scarcely to be recognisable. 1'iitil within comparatively a few years, 

 varieties were procured hi no other way than in this, and by constantly 

 destroying inferior kinds as letter were obtained ; but since the dis- 

 covery of the effect produced by fertilising one variety with another, a 

 very rapid advance has taken place towards bringing the apple to its 

 highest state of perfection, and the cultivator has no longer to trust to 

 mere chance for the results of his experiments. 



In procuring improved varieties of the apple, no other mode which 

 leads to certain results has been discovered, than this of cross-fertiliivi- 

 tion : but, at the some time, it is believed that the following oil 

 stances ought to be kept in view : 1st, the seed from which the new 

 variety is to be obtained should be fully formed, and 2nd, it should l-e 

 taken from as perfect a specimen as it may be practicable t.. procure ; 

 for it has been found by experience, that any debilif . 

 in the parent is, in fniit trees, very apt to be communicated to 

 l-pring. No person has been more suooeaaful in experimental 

 of this kind than Mr. Knight, the President of the Horticultural 

 Society, who thus describes his method of proceeding. " Many 

 varieties of the apple were collected, which had been proved to 

 afford, in mixture with each other, the finest ciders ; a tree of each 

 was then obtained by grafting upon a paradise stock, and these trees 

 were trained to a south wall, or if grafted on a Siberian crab, to a west 

 wall, till they afforded blossoms, and the soil in which they were 

 planted was made of the moot rich and favourable kind. Each blossom 

 of this species of fruit contains about twenty chives, or male.", .md 

 generally five pointals or females, which ipring from the centre of the 

 cup "r cavity of the blossom. The males stand in a circle jtmt within 

 the bases of the petals, or flower leaves, and are formed of 

 threads, each of which terminates in a small yellow ball or antln I' 

 Is necessary, in these experiments, that both the fruit and seed nhouM 

 attain as Urge a size, and as much perfection, as possible ; and, there- 

 fore, a few blossoms only were suffered to remain upon each tree from 

 which it was intended to obtain seeds. As soon as the blossoms were 

 nearly full grown, every male in each was carefully extracted, proper 

 care being taken not to injure the pointals or females : and the blossoms, 

 tli us prepared, were closed again, and suffered to remain till they 

 opened spontaneously. The blossoms of the tree which it was pro- 

 posed to moke the male parent of the future variety were accelerated 

 by being brought into contact with the wall, or retarded by 1 inv 

 detached from it, so that those were made to unfold at the required 

 period ; and a portion of their pollen or farina, when ready to fall from 

 the mature anthers, wa*, during three or four nucceasive morning*, 

 " ri upon the pointals of the blossoms, which conse>| 

 seeds. It i necessary in thin experiment that one vri ' 

 ly should I war iinmutilated bloc-onm; for where other 1 



| are in flower at the same time, the pollen of these will often be con- 



