appropriation

The provision of the Constitution (clause 7, § 9, art. 1) that, 'No Money shall be drawn from the Treasury, but in Consequence of Appropriations made by Law,' was intended as a restriction upon the disbursing authority of the Executive department, and is without significance here. It means simply that no money can be paid out of the Treasury unless it has been appropriated by an act of Congress.

Of Payments. The application of a pa3mient made to a creditor by his debtor, to one or more of several debts. In the absence of an agreement, the application is presumed to be that most favorable to the debtor. In Ecclesiastical Law. The perpetual annexation of an ecclesiastical benefice which is the general property of the church to the use of some spiritual corporation, either sole or aggregate. It corresponds with "impropriation," which is setting apart in England to retain the churches in their gift, and all the profits of them in propria usus to their own immediate benefit. 1 Bum, Ecc. Law, 71. Of Government Money. No money can be drawn from the treasury of the United States but in consequence of appropriations made by law. Const, art. 1, § 9. Under this clause of the constitution it is necessary for congress to appropriate money for the support of the federal government, a-nd in payment of claims against it, and this is done annually by acts of appropriation, some of which are for the general purposes of government, and others special and private in their nature.

The perpetual annexation of an ecclesiastical benefice which is the general property of the church, to the use of some spiritual corporation, either sole or aggregate. See Impropriation. It corresponds with impropriation, which is setting apart a benefice to the use of a lay corporation. The name came from the custom of monks in England to retain the churches in their gift and all the profits of them in proprio usu to their own immediate benefit. 1 Burns, Bccl. Law 71. To effect a good appropriation, the king's license and the bishop's consent must first be obtained. When the corporation having the benefice is dissolved, the parsonage becomes disappropriate at common law; Co. Litt. 46; 1 Bla. Com. 3S5; 1 Hagg. Eccl. 162. Tbere have been no appropriations since the dissolution of monasteries. For the form of an appropriation, see Jacob, Introd. 411.

The act of appropriating or setting apart; prescribing the destination of a thing; designating the use or application of a fund.

In public law. The act by which the legislative department of government designates a particular fund, or sets apart a specified portion of the public revenue or of the money in the public treasury, to be applied to some general object of governmental expenditure, (as the civll service list, etc.,) or to seme individual purchase or expense. State v. Moore, 50 Neb. 88, 69 N. W. 373, 61 Am. St Rep. 538; Clayton v. Berry, 27 Ark. 129. When money is appropriated (i. e., set apart) for the purpose of securing the payment of a specific debt or class of debts, or for an individual purchase or object of expense, it is said to be specifically appropriated for that purpose. A specific appropriation is an act of the legislature by which a named sum of money has been set apart in the treasury, and devoted to the payment of a particular demand. Stratton v. Green, 45 Cal. 149.

A taking to or for one's self;' an adoption as one's own; a setting apart for a particular purpose, v. Appropriate.

In English ecclesiastical law. The perpetual annexing of a benefice to a spiritual corporation, either sole or aggregate, the patron of the living. V. Impropriation.

The act of appropriating or setting apart; prescribing the destination of a thing; designating the use or application of a fund.

In public law. The act by which tho legislative department of government designates a particular fund, or sets apart a specified portion of the public revenue or of the money in the public treasury, to be applied to some general object’ of governmental expenditure, (as the civil service list, ete.,) or to some individual purchase or expense. When money is appropriated (7. e., set apart) for the purpose of securing the payment of a specific debt or class of debts, or for an individual purchase or object of ex: pense, it issaid to be specitically appropriated for that purpose. A specific appropriation is an act of the legislature by which a named sum of money has been set apart in the treasury, and de voted to the payment of a particular demand. 45 Cal. 149. Appropriation of payments. This means the application of a payment to the discharge of a particular debt. Thus, if a creditor has two distinct debts due to him from his debtor, and the latter makes a general payment on account, without specifying at the time to which debt he intends the payment to apply, it is optional for the creditor to appropriate (apply) the payment to either of the two debts he pleases. (1 Mer. 585.) Brown.

In English ecclesiastical law. The perpetual annexing of a benefice to some spiritual corporation either sole or aggregate, being the patron of the living. 1 Bl. Comm, 384; 3 Steph. Comm. 70-75: 1 Crabb, Real Prop. p. 144, § 129. Where the annexation is to the use of a lay person, it is usually called an “impropriation.” 1 Crabb, Real Prop. p, 145, § 180.

The perpetual annexing fice to the use of a spiritual corporation propriation of Payments: v. Approver,//-., Approbare, /., Approve. vate and enclose waste land.

In English ecclesiastical law. The perpetual annexing of a benefice to some spiritual corporation either sole or aggregate, being the patron of the living. 1 Bl. Com. 384. 3 Steph. Com. 70—75. 1 Crah Vs Real Prop. 144, § 129. Termes de la ley. Cowell. Where the an* nezation is to the use of a lay person, it is usually called an impropriation. 1 Crab Vi Real Prop. 145, § 130.

contracts, is the application of the payment of a sum of money, made by a debtor to his creditor, to one of several debts which are due by the former to the latter. The debtor has a right to appropriate the payment to which debt he pleases; but if, at the time of making such payment, he neglects to make such appropriation, the creditor has a right to make it, unless the circumstances show, or raise an inference that the debtor had, at the time of making payment, an intention to make such an appropriation. The nature of the debts or claims makes no: difference. Chitty, Contr. 277; 3 Stark. Ev. 1093, n. (1) for the American cases on this subject; 1 Vern. R. by Raithby, 23, 24; 3 Vin. Ab. 33; Wheat. Dig. tit. Payment. In Louisiana by statutory enactment, Civ. Code, art. 2159, 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 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 Code Napoléon, art. 1253-1256, slightly altered. See Poth. Obl. n. 528, translated by Evans, and the notes.