Appropriation definition

Appropriation





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6 definitions found

From The Collaborative International Dictionary of English v.0.48 [gcide]:

  Appropriation \Ap*pro`pri*a"tion\, n. [L. appropriatio: cf. F.
     appropriation.]
     1. The act of setting apart or assigning to a particular use
        or person, or of taking to one's self, in exclusion of all
        others; application to a special use or purpose, as of a
        piece of ground for a park, or of money to carry out some


        object.
        [1913 Webster]
  
     2. Anything, especially money, thus set apart.
        [1913 Webster]
  
              The Commons watched carefully over the
              appropriation.                        --Macaulay.
        [1913 Webster]
  
     3. (Law)
        (a) The severing or sequestering of a benefice to the
            perpetual use of a spiritual corporation. Blackstone.
        (b) The application of payment of money by a debtor to his
            creditor, to one of several debts which are due from
            the former to the latter. --Chitty.
            [1913 Webster]

From WordNet (r) 2.0 [wn]:

  appropriation
       n 1: money set aside (as by a legislature) for a specific purpose
       2: incorporation by joining or uniting [syn: {annexation}]
       3: a deliberate act of acquisition

From Moby Thesaurus II by Grady Ward, 1.0 [moby-thes]:

  77 Moby Thesaurus words for "appropriation":
     abstraction, adoption, allocation, allotment, annexation,
     appointment, arrogation, assignment, assumption, autoplagiarism,
     boosting, borrowed plumes, borrowing, colonization, conquest,
     conversion, conveyance, copying, cribbing, derivation, deriving,
     earmarking, embezzlement, encroachment, enslavement, filching,
     fraud, graft, imitation, indent, infringement,
     infringement of copyright, invasion, liberation, lifting,
     literary piracy, mocking, occupation, pasticcio, pastiche,
     pilferage, pilfering, pinching, piracy, pirating, plagiarism,
     plagiarizing, plagiary, playing God, poaching, preemption,
     preoccupation, prepossession, requisition, scrounging, seizure,
     setting aside, shoplifting, simulation, snatching, sneak thievery,
     snitching, stealage, stealing, subjugation, swindle, swiping,
     tagging, takeover, taking, taking over, theft, thievery, thieving,
     trespass, trespassing, usurpation
  
  

From Bouvier's Law Dictionary, Revised 6th Ed (1856) [bouvier]:

  APPROPRIATION, contracts. The application of the payment of a sum of money,
  made by a debtor to his creditor, to one of several debts.
       2. When a voluntary payment is made, the law permits the debtor in the
  first place, or, if he make no choice, then it allows the creditor to make
  an appropriation of such payment to either of several debts which are due by
  the debtor to the creditor. And if neither make an appropriation, then the
  law makes the application of such payment. This rule does not apply to
  payments made under compulsory process of law. 10 Pick. 129. It will be
  proper to consider, 1, when the debtor may make the appropriation; 2, when
  the creditor may make it; 3, when it will be made by law.
       3.-1. In general the appropriation may be made by the debtor, but
  this must be done by his express declaration, or by circumstances from which
  his intentions can be inferred. 2 C. M. & R. 723; 14 East, 239; 1 Tyrw. &
  Gr. 137; 15 Wend. 19; 5 Taunt. 7 Wheat. 13; 2 Ear. & Gill, 159; S. C. 4 Gill
  & Johns. 361; 1 Bibb, 334; 5 Watts, 544; 12 Pick. 463; 20 Pick. 441; 2
  Bailey, 617; 4 Mass. 692; 17 Mass. 575. This appropriation, it seems, must
  be notified to the creditor at the time; for an entry made by the debtor in
  his own books, is not alone sufficient to determine the application of the
  payment. 2 Vern. 606; 4 B. & C. 715. In some cases, in consequence of the
  circumstances, the presumption will be that the payment was made on account
  of one debt, in preference to another. 3 Caines, 14; 2 Stark. R. 101. And in
  some cases the debtor has no right to make the appropriation, as, for
  example, to apply 4 partial payment to the liquidation of the principal,
  when interest is due. 1 Dall. 124; 1 H. & J. 754; 2 N. & M'C. 395; 1 Pick.
  194; 17 Mass. 417.
       4.-2. When the debtor has neglected to make an appropriation, the
  creditor may, in general, make it, but this is subject to some exceptions.
  If, for example, the debtor owes a debt as executor, and one in his own
  right, the creditor cannot appropriate a payment to the liquidation of the
  former, because that may depend on the question of assets. 2 Str. 1194. See
  1 M. & Malk. 40; 9 Cowen, 409; 2 Stark. R. 74; 1 C. & Mees. 33.
       5. Though it is not clearly settled in England whether a creditor is
  bound to make the appropriation immediately, or at a subsequent time Ellis
  on D. and C. 406-408 yet in the United States, the right to make the
  application at any time has been recognized, and the creditor is not bound
  to make an immediate election. 4 Cranch, 317; 9 Cowen, 420, 436. See 12 S. &
  R. 301 2 B. & C. 65; 2 Verm. 283; 10 Conn. 176.
       6. When once made, the appropriation cannot be changed; and, rendering
  an account, or bringing suit and declaring in a particular way, is evidence
  of such appropriation. 1 Wash. 128 3 Green. 314; 12
  
  

From Bouvier's Law Dictionary, Revised 6th Ed (1856) [bouvier]:

  APPROPRIATION, contracts. The application of the payment of a sum of money,
  made by a debtor to his creditor, to one of several debts.
       2. When a voluntary payment is made, the law permits the debtor in the
  first place, or, if he make no choice, then it allows the creditor to make
  an appropriation of such payment to either of several debts which are due by
  the debtor to the creditor. And if neither make an appropriation, then the
  law makes the application of such payment. This rule does not apply to
  payments made under compulsory process of law. 10 Pick. 129. It will be
  proper to consider, 1, when the debtor may make the appropriation; 2, when
  the creditor may make it; 3, when it will be made by law.
       3.-1. In general the appropriation may be made by the debtor, but this
  must be done by his express declaration, or by circumstances from which his
  intentions can be inferred. 2 C. M. & R. 723; 14 East, 239; 1 Tyrw. & Gr.
  137; 15 Wend. 19; 5 Taunt. 7 Wheat. 13; 2 Ear. & Gill, 159; S. C. 4 Gill &
  Johns. 361; 1 Bibb, 334; 5 Watts, 544; 12 Pick. 463; 20 Pick. 441; 2 Bailey,
  617; 4 Mass. 692; 17 Mass. 575. This appropriation, it seems, must be
  notified to the creditor at the time; for an entry made by the debtor in his
  own books, is not alone sufficient to determine the application of the
  payment. 2 Vern. 606; 4 B. & C. 715. In some cases, in consequence of the
  circumstances, the presumption will be that the payment was made on account
  of one debt, in preference to another. 3 Caines, 14; 2 Stark. R. 101. And in
  some cases the debtor has no right to make the appropriation, as, for
  example, to apply 4 partial payment to the liquidation of the principal,
  when interest is due. 1 Dall. 124; 1 H. & J. 754; 2 N. & M'C. 395; 1 Pick.
  194; 17 Mass. 417.
       4.-2. When the debtor has neglected to make an appropriation, the
  creditor may, in general, make it, but this is subject to some exceptions.
  If, for example, the debtor owes a debt as executor, and one in his own
  right, the creditor cannot appropriate a payment to the liquidation of the
  former, because that may depend on the question of assets. 2 Str. 1194. See
  1 M. & Malk. 40; 9 Cowen, 409; 2 Stark. R. 74; 1 C. & Mees. 33.
       5. Though it is not clearly settled in England whether a creditor is
  bound to make the appropriation immediately, or at a subsequent time Ellis
  on D. and C. 406-408 yet in the United States, the right to make the
  application at any time has been recognized, and the creditor is not bound
  to make an immediate election. 4 Cranch, 317; 9 Cowen, 420, 436. See 12 S. &
  R. 301 2 B. & C. 65; 2 Verm. 283; 10 Conn. 176.
       6. When once made, the appropriation cannot be changed; and, rendering
  an account, or bringing suit and declaring in a particular way, is evidence
  of such appropriation. 1 Wash. 128 3 Green. 314; 12 Shepl. 29; 2 N. H. Rep.
  193; 2 Rawle, 316; 5 Watts, 544; 2 Wash. C. C. 47; 1 Gilp. 106; 12 S. & R.
  305.
       7. When no application of the payment has been made by either party,
  the law will appropriate it, in such a way as to do justice and equity to
  both parties. 6 Cranch, 8, 28; 4 Mason, 333; 2 Sumn. 99, 112; 5 Mason, 82; 1
  Nev. & Man. 746; 5 Bligh, N. S. 1; 11 Mass. 300;1 H. & J. 754; 2 Vern. 24; 1
  Bibb. 334; 2 Dea. & Chit. 534; 5 Mason, 11. See 6 Cranch, 253, 264; 7
  Cranch, 575; 1 Mer. 572, 605; Burge on Sur. 126-138; 1 M. & M. 40. See 1
  Bouv Inst. n. 8314.   8. In Louisiana, by statutory enactment, Civ. Code,
  art. 1159, et seq., it is provided that the debtor of several debts has a
  right to declare, when he makes a payment, what debt he means to discharge.
  The debtor of a debt which bears interest or produces rents, cannot, without
  the consent of the creditor, impute to the reduction of the capital, any
  payment he may make, when there is interest or rent due. When the debtor of
  several debts has accepted a receipt, by which the creditor has imputed what
  he has received to one of the debts especially, the debtor can no longer
  require the imputation to be made to a different debt, unless there have
  been fraud or surprise on the part of the creditor. When the receipt bears
  no imputation, the payment must be imputed to the debt which the debtor had
  at the time most interest in discharging of those that are equally due,
  otherwise to the debt which has fallen due, though less burdensome than
  those which are not yet payable. If the debts be of a like nature, the
  imputation is made to the less burdensome; if all things are equal, it is
  made proportionally." This is a translation of the Codo Napoleon, art. 1253-
  1256 slightly altered. See Poth. Obl. n. 528 translated by Evans, and the
  notes; Bac. Ab. Obligations, F; 6 Watts & Amer. Law Mag. 31; 1 Hare & Wall.
  Sel. Dec. 123-158.
  
  

From Bouvier's Law Dictionary, Revised 6th Ed (1856) [bouvier]:

  APPROPRIATION, eccl. law. The setting apart an ecclesiastical benefice,
  which is the general property of the church, to the perpetual and proper use
  of some religious house, bishop or college, dean and chapter and the like.
  Ayl. Pat. 86. See the form of an appropriation in Jacob's Introd. 411.
  
  

















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