KFLCC Kingdom Law 2nd Ed.

81

APPROPRIATION

APPROVER

or to some 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 pay ment of a specific debt or class of debts, or for an individual purchase or object of ex pense, it is said to be specifically appropriat ed 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 de mand. Stratton v. Green, 45 Cal. 149. Appropriation of land. The act of se lecting, devoting, or setting apart land for a particular use or purpose, as where land is appropriated for public buildings, military reservations, or other public uses. McSorley v. Hill, 2 Wash. St. 638, 27 Pac. 552; Mur dock v. Memphis, 7 Cold. (Tenn.) 500; Jack son v. Wilcox, 2 111. 360. Sometimes also applied to the taking of private property for public use in the exercise of the power of eminent domain. Railroad Co. v. Foltz (C. C) 52 Fed. 629; Sweet v. Rechel, 159 U. S. 380, 16 Sup. Ct. 43, 40 L. Ed. 188 Appropriation of water. An appropria tion of water flowing on the public domain consists in the capture, impounding, or di version of it from its natural course or channel and its actual application to some beneficial use private or personal to the ap propriator, to the entire exclusion (or exclu sion to the extent of the water appropriated) of all other persons. To constitute a valid appropriation, there must be an intent to apply the water to some beneficial use exist ing at the time or contemplated in the fu ture, a diversion from the natural channel by means of a ditch or canal, or some oth er open physical act of taking possession of the water, and an actual application of it within a reasonable time to some useful or beneficial purpose. Low v. Rizor, 25 Or 551, 37 Pac. 82; Clough v. Wing, 2 Ariz. 371, 17 Pac. 453; Offield v. Ish, 21 Wash 277, 57 Pac. 809; Reservoir Co. v. People, 8 Colo. 614, 9 Pac. 794; McCall v. Porter, 42 Or. 49, 70 Pac. 820; McDonald v. Mining Co., 13 Cal. 220. 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 speci fying 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. Gwin T. McLean, 62 Miss. 121; Martin v. Draher, 5 Watts (Pa.) 544. In English ecclesiastical lair. The perpetual annexing of a benefice t6 some spiritual corporation either sole or aggregate, BL.LAW DICT.(2D ED.)— 6

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 call ed an "impropriation." 1 Crabb, Real Prop, p. 145, § 130. APPROPRIATOR. One who makes an appropriation; as, an appropriator of wa ter. Lux v. Haggin, 69 Cal. 255, 10 Pac. 736. In English ecclesiastical law. A spirit ual corporation entitled to the profits of a benefice. The act of a judge or magistrate in sanctioning and accepting as satisfactory a bond, security, or other in strument which is required by law to pass his inspection and receive his approbation before it becomes operative. APPROVE. To take to one's proper'and separate use. To improve; to enhance the value or profits of anything. To inclose and cultivate common or waste land. To approve common or waste land is to inclose and convert it to the purposes of hus bandry, which the owner might always do, provided he left common sufficient for such as were entitled to it. St. Mert. c. 4; St. Westm. 2, c. 46; 2 Bl. Comm. 34; 3 Bl. Comm. 240; 2 Steph. Comm. 7; 3 Kent, Comm. 406. In old criminal law. To accuse or prove; to accuse an accomplice by giving evidence against him. APPROVED INDORSED NOTES. Notes indorsed by another person than the maker, for additional security. APPROVEMENT. By the common law, approvement is said to be a species of con fession, and incident to the arraignment of a prisoner indicted for treason or felony, who confesses the fact before plea pleaded, and appeals or .accuses others, his accomplices in the same crime, in order to obtain his own pardon. In this case he is called an "ap prover," or "prover," "probator," and the party appealed or accused is called the "ap pellee." Sucli approvement can only be in capital offenses, and it is, as it were, equiva lent to an indictment, since the appellee is equally called upon to answer it. Gray v. People, 26 111. 344; Whiskey Cases, 99 U S. 599, 25 L. Ed. 399: State v. Graham, 41 N. J. Law, 15, 32 Am. Rep. 174. APPROVER. L. Fr. To approve or prove; to vouch. Kelham. APPROVER, n. In real property law. Approvement; improvement. "There can be no approver in derogation of a right of com mon of turbary." 1 Taunt 435. APPROVAL.