Page:Black's Law Dictionary (Second Edition).djvu/87

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cnmbent of an office and invested therewith, by one or more individuals who have the sole pow- er and right to select and constitute the officer. Elulion means that the person is chosen by ‘a. principle of selection in the nature of a vote, prirtiupated in by the public generally or hy the entire class of persons qualified to expross their choice in this manner. See McPherson v. I‘-l'=r'l(er 146 U. S. 1. 13 Sup. Gt. 3. 36 L. Ed. cu‘): State v. Compson, 34 Or. 25, 5-1 Pzic. 349. Reid v Gomuch, 67 N. J. Law, 3 an -1.71; State v. Squire. 3!) Ohio St. 107; State v. Williams, 60 Kan. 837, 58 Pac. -176.

APPOINTOR. The person who appoints, or executes a power of appointment; as uppamlce is the person to whom or in whose favor an appointment is made. 1 Steph. Counn. 506, 507; 4 Kent, Comm. 316.

One authorized by the donor, under the statute of uses. to execute a power. 2 lzoiiv. liist. n. 19%.

APPORT. I... Fr. In old English law. 'l‘ax-. taiiage; tribute; imposition; pziyinent; (harge; expenses. Keiham.

APPORTIOIIMENT. The division, partition, or distribution of :1 subject-matter in proportionate parts. Co. Lltt_ 147-, 1 Swanst 37, n.: 1 Siury, Eq. Jur. 4750.

of contracts. The allowance, in case of

1 severaliie contract, partially perfornierl, of
1 part of the entire consideration proportioned to the degree in which the contract

was carried out.

or rent. The allotment of their shares in a rent to each of several parties owning it The determination of the amount of rent to be paid \\ hen the tenancy is terminated it some period other than one of the regular iiiiorsals for the payment of rent. Swint v. \l¢-(‘almont 011 C0,, 1S4 Pa. 202, 38 Atl. 1021. {:3 Am. St. Iicp. 791; Giucl: v. Baltimore, 81 Md. 315. 32 Atl. 515, 48 Am. St. ltep, 515.

Of incnmbi-imcea. Whore several persons are interested in an estate. apportionment, as hetvieen them. is the ilelerlninalion of the respective amounts nhith they shall cniitriliiite towards the removal of the in- €lIll'ilJI'i]JJ(.'B.

Of corporate shares. The pro tanto di- vision among the subscribers of the shares nlloweil to be issued by the Charter, where more than the limited numhcr have been siibe.-rihed for. Clarke v. Brooklyn Bank. 1 Eilw. Ch. (N. Y.) 368; Tlaight v. Day, 1 Johns. Ch. (N Y.) 13.

or common. A division of the right of common lietwaen several persons, among whom the land to which, as an entirety, it dist belonged has been divided.

Of representatives. Clhe determination upon each decennial census of the number of representatives in congress which each state shall elect, the calculation being haserl upon the population. See Const. U. S. art. 1, I 2



Of taxes. The apportionment of a tax consists in a selection of the subjects to be taxed, and in laying down the rule by which to measure the contribution which each of these subjects shall make to the tax. Barfisld v. Gleason, 111 Ky. 491, 63 8. W. 964.

APPORTS EN NATURE. In FTen(:h law. That which a partner brings into the partnership other than cash; for instance, securities, realty or personalty. cattle, stuck, or even his personal ability and knowledge. Argi. Fr. Merc. Law, 545.

APPORTUM. In old English law. The revenue, profit, or emolument which :1 thing brings to the owner. Commonly applied to I corody or pension. Blount.

APPOSAL OF S1-IERIPFS. The (.‘l‘ll1l'},’ing them with money received upon their account in the exchcquer. St. 22 & 28 Car. IL; Cowcii.

APPOSER. An officer in the exchequer, clothed with the dnty of examining the sheriffs in respect of their accounts. Usually called the "foreign appuser." Termes dc in Ley.

APPOSTILLE, or APOSTILLE. In French law, an addition or annotation made 111 the margin of a writing. Merl Rupert.

APPRAISE. In practice. To fix or set a price or wine upon: to fix and state the true value of a thing, and. usually, in writing. Vincent v. German Ins. C0,, 120 Iowa, 272, 94 N. W. 458.

APPRAISEMENT. A just and true val- uation of property. A valuation set upon property under judicial or legislative nuthor-

ity. Cocheco Mfg. Co. v. Strntlford, 51 N. H. 482. APPRAISER. A person appointed by

collipctciit authority to make an appraisemerit, to asitertain and state the true value of grinds or real estate.

—Genei.-a.1 appraisers. Appraisers appointed n_nclcr an act of congress to aliord aid and assistance to the collectors of customs in the ap-

praiscmcnt of imported merclinndise. Glhh V. Wiisiiington, 10 Fed. Can. 2SS.—Merchant appraisers. here the nppraisoment of an in- voice of imported goods made by the revenue officers at the custom house is not satisfactory to the importer. persons may be selected (under this name) to make a definitive valuation: they must be merchants engaszcd in trade. Aulin-ioi-dt v. Ueddcn (C. C.) 30 Fed. 360: Oelherman v. Merritt (O. C.) 19 Fed. 403.

APPREI-IEND. To take hold of, whether with the mind, and so to conceive, be- lieve, fear, dread, (Trogdon v. State, 133 Ind. 1, 32 N. E. 725;) or actually and bodily, and so to fake a person on a criminal process; to seize; to arrest. (Hogan v. Stophiet,