KFLCC Kingdom Law 2nd Ed.

79

APPOINTOR

APPREHEND

Of taxes. The apportionment of a tax consists in a selection of the subjects to be taxed, and in laying down the rule by which to measure the contribution which each of these subjects shall make to the tax. Bar field v. Gleason, 111 Ky. 491, 63 S. W. 964. APPORTS EN NATURE. In French law. That which a partner brings into the partnership other than cash; for instance, securities, realty or personalty, cattle, stock, or even his personal ability and knowledge. Argl. Fr. Merc. Law, 545. APPORTUM. In old English law. The revenue, profit, or emolument which a thing brings to the owner. Commonly applied to a corody or pension. Blount. APPOSAIi OF SHERIFFS. The charg ing them with money received upon their account in the exchequer. St 22 & 23 Car. II.; Cowell. APPOSER. An officer in the exchequer, clothed with the duty of examining the sher iffs in respect of their accounts. Usually called the "foreign apposer." Termes de la Ley. APPOSTIIXE, or APOSTIIXE. In French law, an addition or annotation made In the margin of a writing. Merl. Repert APPRAISE. In practice. To fix or set a price or value upon; to fix and state the true value of a thing, and, usually, in writ ing. Vincent v. German Ins. Co., 120 Iowa, 272, 94 N. W. 458. APPRAISEMENT. A just and true val uation of property. A valuation set upon property under judicial or legislative author ity. Cocheco Mfg. Co. v. Strafford, 51 N. H. 482. APPRAISER. A person appointed by competent authority to make an appraise ment, to ascertain and state the true value of goods or real estate. —General appraisers. Appraisers appointed under an act of congress to afford aid and as sistance to the collectors of customs in the ap praisement of imported merchandise. Gibb v. Washington, 10 Fed. Cas. 288.—Merchant ap praisers. Where the appraisement of an in voice of imported goods made by the revenue officers at the custom house is not satisfactory to the importer, persons may be selected (under this name) to make a definitive valuation; they must be merchants engaged in trade. Auffmordt v. Hedden (C. C.) 30 Fed. 360; Oelberman v. Merritt (C. C.) 19 Fed. 408. APPREHEND. To take hold of, wheth er with the mind, and so to conceive, be lieve, fear, dread, (Trogdon v. State, 133 Ind. 1, 32 N. E. 725;) or actually and bodily, and so to take a person on a criminal pro cess ; to seize; to arrest, (Hogan v. Stophlet, 179 111. 150, 53 N. E. 604, 44 L. R. A. 809.)

cumbent of an office and invested therewith, by one or more individuals who have the sole pow er and right to select and constitute 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. See McPherson v. Blacker, 146 U. S. 1, 13 Sup. Ot. 3, 36 L. Ed. 869; State v. Compson, 34 Or. 25, 54 Pac 349; Reid v. Gorsuch, 67 N. J. Law, 396, 51 Atl. 457; State v. Squire, 39 Ohio St. 197; State v. Williams, 60 Kan. 837, 58 Pac. 476. 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 proportionate parts. Co. Litt. 147; 1 Swanst 37, n.; 1 Story, Eq. Jur. 475a. Of contracts. The allowance, in case of a severable contract, partially performed, of a part of the entire consideration propor tioned to the degree in which the contract was carried out. Of rent. The allotment of their shares in a rent to each of several parties owning It. The determination of the amount of rent to be paid when the tenancy is terminated at some period other than one of the regular intervals for the payment of rent Swint v. McCalmont Oil Co., 184 Pa. 202, 38 Atl. 1021, 63 Am. St Rep. 791; Gluck v. Balti more, 81 fcld. 315, 32 Atl. 515, 48 Am. St. Rep. 515. Of incumhrances. Where several per sons are interested in an estate, apportion ment, as between them, is the determination of the respective amounts which they shall contribute towards the removal of the in cumbrance. Of corporate shares. The pro tanto di vision among the subscribers of the shares allowed to be issued by the charter, where more than the limited number have been subscribed for. Clarke v. Brooklyn Bank, 1 Edw. Ch. (N. Y.) 368; Haight v. Day, 1 Johns. Ch. (N. Y.) 18. Of common. A division of the right of common between several persons, among whom the land to which, as an entirety, it first belonged has been divided. Of representatives. The determination upon each decennial census of the number of representatives in congress which each state shall elect, the calculation being based up on the population. See Const U. S. art 1, U