KFLCC Kingdom Law 2nd Ed.
78
•PPENDITIA
APPOINTMENT
heirs, of common in such a moor for his beasts levant or couchant upon his manor, the commons are appurtenant to the manor, and the grant will pass them. Co. Litt. 1216; Lucas v. Bishop, 15 Lea (Tenn.) 165, 54 Am. Rep. 440; Leonard v. White, 7 Mass. 6, 5 Am. Dec. 19; Meek v. Breckenridge, 29 Ohio St. 648. See APPUBTBNANCE. APPENDITIA. The appendages or ap purtenances of an estate or house. Oowell. APPENDIX. A printed volume, used on an appeal to the English house of! lords or privy council, containing the documents and other evidence presented in the inferior court and referred to In the cas,es made by the par ties for the appeal. Answering in some re spects to the "paper-book" or "case" in Amer ican practice. APPENSURA. Payment of money by weight instead of by count Cowell. APPERTAIN. To belong to; to have relation to; to be appurtenant to. See AP PUBTENANT. APPLICABLE. When a constitution or court declares that the common law is in force in a particular state so far as it is ap plicable, it is meant that it must be applica ble to the habits and conditions of the com munity, as well as in harmony with the genius, the spirit, and the objects of their institutions. Wagner v. Bissell, 3 Iowa, 402. 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 applicable, 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 portion of the people are af fected, 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. Evans v. Job, 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. Biddle v. Dougal, 5/Bin. (Pa.) 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 applying 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 Of payments. Appropriation of a pay ment to some particular debt; or the deter mination to which of several 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 within his or their power or dis cretion. For example, to apply for an- in junction, for a pardon, for a policy of in surance. 2. To use or employ for a particular pur pose; to appropriate and devote to a par ticular use, object, demand, or subject-mat ter. Thus, to apply payments to the reduc tion of interest 3. To put, use, or refer, as suitable or rel ative; to co-ordinate language with a par ticular 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 instrument 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. Harris ,v. Clark, 3 N. Y. 93, 119, 51 Am. Dec. 352. 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. State v. New Orleans, 41 La Ann. 156, 6 South. 592; Wickersham v. Brit tan, 93 Cal. 34, 28 Pac. 792, 15 L. R. A. 106; Speed v. Crawford, 3 Mete. (Ky.) 210. The term "appointment" is to be distinguish ed from "election." The former is an execu tive act, whereby a person is named as the in-
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