Page:Black's Law Dictionary (Second Edition).djvu/89

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APPROPRIATION

or to some individual purchase or expense. State v. Moore. 50 Noll. 88, 69 N. W. 373, 61 Am. St. Rep. 538; Clayton v. Berry. 27 Ark. 129.

When money is appropriated (i. c., set apart) for the purpose of securing t_he pay- ment of a specific debt or class of debts. or for an indlrltlnal purchase or object of ex- 1n-nse. it is said to be specifically appropriated for that purpose.

A specific appropriation is an act of the 1- -zislature by which a named sum of money has been set apart in the treasury, and de- voted to the payment of a particular demand. Stralton v. Green, 45 Cal 149.

Appropriation of land. The act of se- lecting, devoting, or setting apart land for a pnlticular use or purpose, as where land is appropriated for puhlic buildings. military reservations, or other public uses. 1\icSnrley v. lllll, 2 Wash. St. (‘.38. 27 Pac. . : Murdoch v. Memphis, 7 Cold. (Tenn.) 50 . son v. Wilcox, 2 Ill. 360. Sometimes also anpllcd to t_he taking at private property for puhluc use in the exercise of the power at eminent domain. Railroad Co. v Foltz (C. ("3 52 Fed i‘-29: Sweet v. Rec-hel. 159 U. S. 390. 16 Sup. Ct. 48. 40 L. Ed. 138.

Appropriation of water. in appropriation of water flowing on the public domain consists in the capture. impounding, or di- version of it from its natural course or channel and its actual application to some hr-neficial use private or personal to the apprnprlator. to the entire exclusion (or exclu- sion to the extent of the water appropriated) of all other persons. To constitute :1. Valid appropriation there must he an intent to apply the water to some beneficial use existing at the time or contemplated in the future a diversion from the natural channel h_\' means of a ditch or canal, or some other open physical act of taking possession of the water, and an actual application of it within a reasonable time to some useful or lncirficial purpose. Low v. Rlzor. 25 Or. 551. 37 Pac. 32: Clongh v. Wing. 2 Ari’/. PM 433 Otfield v. Ish, 21 Wash. l"nv: S051: Iieservoir ('0. v. People. 8 Colo. 1.14. 0 Par. T94: McCall v. Porter. 42 Or. 49. 7n Pnc. $0; McDonald v. Mining 00., 13 Cal. 220.

Appropriation of payments. This means the applir-.ution at a payment to the discharge of a particular debt. Thus, if a creditor has tno distinct deints due to him from his tlelntor, and the latter makes a genus] payment on account, without speci- fying at the time to which debt he intends the pnvmcnt to apply. it is optional for the eriwiltur to a.ppropriate (apply) the payment to either of the two del-ts he pleases. Gwin r. \ir-Lean. ('3 ‘Kiss. 121; Martin v. Draher, 5 W1lii‘.< Ta) 544.

In English ecclesiastical law. The perpetual annexing of a lvenefice to some s1-lritunl corporation either sole or aggregate,

Bl.Law Dict.(2d Ed.)—6


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APPROVER

being the patron of the living. 1 Bl. Comm. 384; 3 Steph. Comm. 70-75; 1 Orahh, Heal Prop. 1). 144, § 129. Where the annexation is to the use of a lay person, it is usually cali- ed an “impropriation.” 1 Crabb. Real Prop. p. 145. § 130.

APPROPRIATOR. One who makes an appropriation; as, an appropriator of water. Lux v. Hag,-gin, 60 Cal. 255, 10 Pac. 730.

In English ecclesiastical law. A spiritual corporation entitled to the profits of a Ihenefice.

APPROVAL. The act of a judge or magistrate in sanctioning and accepting as satisfactory a bond, security, or other instrument Which is required by law to pass his inspection and receive his approbation before it becomes operative.

APPROVE. To take to one's proper and separate use To imprme: to enhance the value or profits of anything. To inclose and cultivate common or waste land.

To nppra-yr’ common or Waste land is to inclose and convert it to the purposes of hus- bandry, which the owner might al\xa_\'s do. provided he left common sntficlent for such as were entitled to it. St. Mcrt c. 4; St. “estm. 2, c. 46: 2 Bl. Comm. 34; 3 Bl. Comm. 240; 2 Stcph Comm. 7; 3 Kent. Comm. 400.

In aid cthninal law. To accuse or prove; to accuse an accomplice ‘by giving evidence against him.

APPROVED INDORSED NOTES. Notes lndorsed by another person than the maker, for additional security.

APPROVEMI-INT. By the common law, approvcnient is said to be a species of con- fession, and incident to the arraignment of a prisoner indicted for treason or felony, who confesses the fact iicforc plea pleaded, and appeals or accuses others, his accomplices in the same crime, in order to obtain his own pardon. In this case he is called an "approver." or "prover." "prohator." and the party nppmled or accused is called the “appi-iiee." Such approvement cnn only he in capital offenses. nnd it is, as it were. er1ni\a- lent to an indictment. since the appellee is equally called ‘upon to answer it. Gray V. People, 26 I11. 344; Whisl<ey Cases, 99 U. S. 599. 25 L. Ed. 39!): State v. Graham, 41 N. J. Law, 15. 32 Am. Rep. 174.

APPROVI-JR. L. Fr. To approve or prove: to vouch. Kelham.

APPROVER, II. In real property law. Approvement: improvement. “There can he no (ippi'0l'€I' in derogation of a right of com- mon of turlmry." 1 Taunt_

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