Blacks Law Dict. 1st ed

APPOBTIONMEirr

APPLICABLE

80

3. To put, use, or refer, as suitable or rel ative; to co-ordinate language with a particu lar subject-matter; as to apply the words of a statute to a particular state of facts. APPOINTEE. A person who is appoint ed or selected for a particular purpose; as the appointee under a power is the person who is to receive the benefit of the power. APPOINTMENT. In chancery prac tice. The exercise of a right to designate the person or persons who are to take the use of real estate. 2 Washb. Real Prop. 302. The act of a person in directing the dispo sition of property, by limiting a use, or by substituting a new use for a former one, in pursuance of a power granted to him for that purpose by a preceding deed, called a "power of appointment;" also the deed or other in strument by which he so conveys. Where the power embraces several per mitted objects, and the appointment is made to one or more of them, excluding others, it is called "exclusive." Appointment may signify an appropriation of money to a specific purpose. 3 N. Y. 93, 119. In public law. The selection or designa tion of a person, by the person or persons having authority therefor, to fill an office or public function and discharge the duties of the same. The term "appointment" is to be distin guished from "election." The former is an executive act, whereby a person is named as the incumbent of an office and invested there with, by one or more individuals who have the sole power and right to select and con stitute the officer. Election means that the person is chosen by a principle of selection in the nature of a vote, participated in by the public generally or by the entire class of persons qualified to express their choice in this manner. APPOINTOR. The person who appoints, or executes a power of appointment; as ap pointee is the person to whom or in whose favor an appointment is made. 1 Steph. Comm. 506, 507; 4 Kent, Comm. 316. One authorized by the donor, under the statute of uses, to execute a power. 2 Bouv. Inst. n. 1923. APPORT. L. Fr. In old English law. Tax; tallage; tribute; imposition; payment; charge; expenses. Kelham. APPORTIONMENT. The division, par tition, or distribution of a subject-matter in

When a constitution prohibits the enact ment of local or special laws in all cases where a general law would be applicable, a general law should always be construed to be appli cable, in this sense, where the entire people of the state have an interest in the subject, such as regulating interest, statutes of frauds or limitations, etc. But where only a por tion of the people are affected, as in locating a county-seat, it will depend upon the facts and circumstances of each particular case whether such a law would be applicable. 8 Nev. 322. APPLICARE. Lat. In old English law. To fasten to; to moor (a vessel.) Anciently rendered, "to apply." Hale, de Jure Mar. Applicatio est vita regulse. Applica tion is the life of a rule. 2 Bulst. 79. APPLICATION. A putting to, placing before, preferring a request or petition to or before a person. The act of making a re quest for something. A written request to have a certain quan tity of land at or near a certain specified place. 8 Bin. 21; 5 Id. 151. The use or disposition made of a thing. A bringing together, in order to ascertain some relation or establish some connection; as the application of a rule or principle to a case or fact. In insurance. The preliminary request, declaration, or statement made by a party ap plying for an insurance on life, or against fire. Of purchase money. The disposition made of the funds received by a trustee on a sale of real estate held under the trust. APPLICATION OF PAYMENTS. Ap propriation of a payment to some particular debt; or the determination to which of sev eral demands a general payment made by a debtor to his creditor shall be applied. APPLY. 1. To make a formal request or petition, usually in writing, to a court, officer, board, or company, for the granting of some favor, or of some rule or order, which is with in his or their power or discretion. For ex ample, to apply for an injunction, for a par don, for a policy of insurance. 2. To use or employ for a particular pur pose ; to appropriate and devote to a particular use, object, demand, or subject-matter. Thus, to apply payments to the reduction of inter est

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