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appropriation 音标拼音: [əpr ,opri'eʃən] n. 拨用,挪用,拨款 拨用,挪用,拨款 appropriation n 1: money set aside ( as by a legislature) for a specific purpose 2: incorporation by joining or uniting [ synonym: { annexation}, { appropriation}] 3: a deliberate act of acquisition of something, often without the permission of the owner; " the necessary funds were obtained by the government' s appropriation of the company' s operating unit"; " a person' s appropriation of property belonging to another is dishonest" 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] 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, usurpationAPPROPRIATION, 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 thefirst place, or, if he make no choice, then it allows the creditor to makean appropriation of such payment to either of several debts which are due bythe debtor to the creditor. And if neither make an appropriation, then thelaw makes the application of such payment. This rule does not apply topayments made under compulsory process of law. 10 Pick. 129. It will beproper to consider, 1, when the debtor may make the appropriation; 2, whenthe creditor may make it; 3, when it will be made by law. 3.- 1. In general the appropriation may be made by the debtor, butthis must be done by his express declaration, or by circumstances from whichhis 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; 2Bailey, 617; 4 Mass. 692; 17 Mass. 575. This appropriation, it seems, mustbe notified to the creditor at the time; for an entry made by the debtor inhis own books, is not alone sufficient to determine the application of thepayment. 2 Vern. 606; 4 B. & C. 715. In some cases, in consequence of thecircumstances, the presumption will be that the payment was made on accountof one debt, in preference to another. 3 Caines, 14; 2 Stark. R. 101. And insome cases the debtor has no right to make the appropriation, as, forexample, 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, thecreditor 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 ownright, the creditor cannot appropriate a payment to the liquidation of theformer, because that may depend on the question of assets. 2 Str. 1194. See1 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 isbound to make the appropriation immediately, or at a subsequent time Ellison D. and C. 406- 408 yet in the United States, the right to make theapplication at any time has been recognized, and the creditor is not boundto 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, renderingan account, or bringing suit and declaring in a particular way, is evidenceof such appropriation. 1 Wash. 128 3 Green. 314; 12
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 thefirst place, or, if he make no choice, then it allows the creditor to makean appropriation of such payment to either of several debts which are due bythe debtor to the creditor. And if neither make an appropriation, then thelaw makes the application of such payment. This rule does not apply topayments made under compulsory process of law. 10 Pick. 129. It will beproper to consider, 1, when the debtor may make the appropriation; 2, whenthe 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 thismust be done by his express declaration, or by circumstances from which hisintentions 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 benotified to the creditor at the time; for an entry made by the debtor in hisown books, is not alone sufficient to determine the application of thepayment. 2 Vern. 606; 4 B. & C. 715. In some cases, in consequence of thecircumstances, the presumption will be that the payment was made on accountof one debt, in preference to another. 3 Caines, 14; 2 Stark. R. 101. And insome cases the debtor has no right to make the appropriation, as, forexample, 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, thecreditor 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 ownright, the creditor cannot appropriate a payment to the liquidation of theformer, because that may depend on the question of assets. 2 Str. 1194. See1 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 isbound to make the appropriation immediately, or at a subsequent time Ellison D. and C. 406- 408 yet in the United States, the right to make theapplication at any time has been recognized, and the creditor is not boundto 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, renderingan account, or bringing suit and declaring in a particular way, is evidenceof 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 toboth parties. 6 Cranch, 8, 28; 4 Mason, 333; 2 Sumn. 99, 112; 5 Mason, 82; 1Nev. & Man. 746; 5 Bligh, N. S. 1; 11 Mass. 300; 1 H. & J. 754; 2 Vern. 24; 1Bibb. 334; 2 Dea. & Chit. 534; 5 Mason, 11. See 6 Cranch, 253, 264; 7Cranch, 575; 1 Mer. 572, 605; Burge on Sur. 126- 138; 1 M. & M. 40. See 1Bouv 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 aright 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, withoutthe consent of the creditor, impute to the reduction of the capital, anypayment he may make, when there is interest or rent due. When the debtor ofseveral debts has accepted a receipt, by which the creditor has imputed whathe has received to one of the debts especially, the debtor can no longerrequire the imputation to be made to a different debt, unless there havebeen fraud or surprise on the part of the creditor. When the receipt bearsno imputation, the payment must be imputed to the debt which the debtor hadat the time most interest in discharging of those that are equally due, otherwise to the debt which has fallen due, though less burdensome thanthose which are not yet payable. If the debts be of a like nature, theimputation is made to the less burdensome; if all things are equal, it ismade proportionally." This is a translation of the Codo Napoleon, art. 1253- 1256 slightly altered. See Poth. Obl. n. 528 translated by Evans, and thenotes; Bac. Ab. Obligations, F; 6 Watts & Amer. Law Mag. 31; 1 Hare & Wall. Sel. Dec. 123- 158.
APPROPRIATION, eccl. law. The setting apart an ecclesiastical benefice, which is the general property of the church, to the perpetual and proper useof 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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