Page:Black's Law Dictionary (Second Edition).djvu/86

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APPENDITIA 78

heirs, of common in such a moor for his beasts levant or couchaut upon his manor. the commons are appurtenant to the manor, and the grant will pass them. Go. Litt. 1211:; Lucas v. Bishop, 15 Lea (Tenn.) 165. 54 Am. Rep. 440; Leonard v. White, 7 Mass. 6, 5 Am. Dec. 19: Meek v. Breckenridge. 29 Ohio St. 648. See Aerusrnnnncn.

APPENDITIA. The appendages or appurtenances of an estate or house. Cowell.

APPENDIX. A printed volume, used on an appeal to the English house of lords or privy council, containing the documents and other evidence presented in the inferior court and referred to in the cases made by the parties for the nppeal. Answering in some re spects to the “paper-hook" or “oase" in American practice.

APPENSURA. Payment of money by weight instead of by count. Oowell

APP]-JRTAIN. relation to; to be appurtenant to. ruicrnnnnr.

To belong to; to have See Ar-

APPLICABLE. When a constitution or court declares that the common law is in force in a particular state so far as it is upplicoble. it is meant that it must be applicable to the habits and conditions of the com- munity, as uell as in harmony with the

enius, the spirit, and the objects of their

institutions. Wagner v. Bisseii. 3 Iowa. 402.

When a constitution prohibits the enact- ment of local or special isws in all cases where a general law would he amlilr-able, a general law should always be construed to be applicable, in this sense, where the entire people of the state have an interest in the subject, such as regulating interest. statutes of frauds or limitations. etc. But where only a portion of the people are affectcd, as in locating a county-seat. it will depend upon the facts nud circullistances of each particular case whether such a law would be applicable. Evans v. Job, 8 Nev. 322.

APPLICARE. Lat. In old English law. To fasten tr): to moor (a vessel) Ancieutly rendered “to apply." Hale. de Juro Mar.

Applieatio est vita reg-ulaa. Application is the life of a rule. 2 Bulst. 79

APPLICATION. A putting to. piacing before, preferring a request or petition to or before a person. The act of making a re- quest for something.

A written request to have a certain quantity of land nt or near a certain specified place. Biddle v. Dongai, 5 Bin. (Pa.) 151.

The use or disposition made of a thing.

A bringing together. in order to ascertain some relation or esmblish some connection;

APPOINTMENT

as the appiiicotinm of a rule or principle to I case or fact.

In insurance. The preliminary request. declaration, or statement made by a party applying for an insurance on life, or against fire.

Of purchase money. The disposition made of the funds received by a trustee on I sale of real estate held under the trust.

Of payments. Appropriation of a pay ment to some particular deht; or the dctermination to which of several demands :1 general payment made by a debtor to his creditor shall be applied.

APPLY. 1. To make a formal request or petition. usually in writing. to a court. officer. board, or company, for the granting of some favor, or of some rule or order, which is within his or their power or discretion. For example, to apply for an in- junction, for a pardon, for a policy of insurance.

2. To use or employ for a particular purpose; to appropriate and devote to a particular use. ohiect. demand, or subject-mab ter. Thus. to apply payments to the reduction of interest.

3. To put. use, or refer, as suitable or rel- ative; to co-ordinate language with a particular suhjeci.-matter; as to apply the Words of a statute to a particular state of facts.

APPOINTEE. A person who is appointed or selected for a particular purpose; as the appointee under a power is the person who is to receive the benefit of the power.

APPOINTMENT. In chance:-y pr-ac. tine. The exercise of a right to designate the person or persons who are to take the use of real estate. 2 Washb. Real Prop. 302.

The act of a person in directing the dispo- sition of property, by limiting a use, or by substituting a new use for a former one, in pursuance of a power granted to him for that purpose by a preceding deed. called a “power of appointment:" also the deed or other instrument by which he so conveys.

“-‘here the power embraces several permitted ohjects, and the appointment is made to one or more of them, excluding others, it is called "exclusive."

Appointment ma) signify an appropriation of money to a specific purpose. Harris v. Clark, 3 N. Y. 93. 119. 51 Am Dec. 35' .

In public law. The selection or designation of a person, by the person or persons having authority therefor. to fill an office or public function and discharge the duties of the same. State v. New Orie-ms, 41 I/a Ann. 156. 6 South. 592; Wickc1'sham v. Brittan. 93 Cal. 34, 28 Pnc. 792, 15 L. R. A. 1013; Speed v. Crawford. 3 Metc. (Ky.) 210.

The term "appointment" is to be distinguished from “t-h»ciion." The fornicr is an executive nct, whereby a pemon is named as the in-