appropriation 音标拼音: [əpr
, opri'eʃən]
n . 拨用,挪用,拨款
拨用,挪用,拨款
appropriation n 1 :
money set aside (
as by a legislature )
for a specific purpose 2 :
incorporation by joining or uniting [
synonym : {
annexation },
{
appropriation }]
3 :
a deliberate act of acquisition of something ,
often without the permission of the owner ; "
the necessary funds were obtained by the government '
s appropriation of the company '
s operating unit "; "
a person '
s appropriation of property belonging to another is dishonest "
Appropriation \
Ap *
pro `
pri *
a "
tion \,
n . [
L .
appropriatio :
cf .
F .
appropriation .]
1 .
The act of setting apart or assigning to a particular use or person ,
or of taking to one '
s self ,
in exclusion of all others ;
application to a special use or purpose ,
as of a piece of ground for a park ,
or of money to carry out some object .
[
1913 Webster ]
2 .
Anything ,
especially money ,
thus set apart .
[
1913 Webster ]
The Commons watched carefully over the appropriation . --
Macaulay .
[
1913 Webster ]
3 . (
Law )
(
a )
The severing or sequestering of a benefice to the perpetual use of a spiritual corporation .
Blackstone .
(
b )
The application of payment of money by a debtor to his creditor ,
to one of several debts which are due from the former to the latter . --
Chitty .
[
1913 Webster ]
77 Moby Thesaurus words for "
appropriation ":
abstraction ,
adoption ,
allocation ,
allotment ,
annexation ,
appointment ,
arrogation ,
assignment ,
assumption ,
autoplagiarism ,
boosting ,
borrowed plumes ,
borrowing ,
colonization ,
conquest ,
conversion ,
conveyance ,
copying ,
cribbing ,
derivation ,
deriving ,
earmarking ,
embezzlement ,
encroachment ,
enslavement ,
filching ,
fraud ,
graft ,
imitation ,
indent ,
infringement ,
infringement of copyright ,
invasion ,
liberation ,
lifting ,
literary piracy ,
mocking ,
occupation ,
pasticcio ,
pastiche ,
pilferage ,
pilfering ,
pinching ,
piracy ,
pirating ,
plagiarism ,
plagiarizing ,
plagiary ,
playing God ,
poaching ,
preemption ,
preoccupation ,
prepossession ,
requisition ,
scrounging ,
seizure ,
setting aside ,
shoplifting ,
simulation ,
snatching ,
sneak thievery ,
snitching ,
stealage ,
stealing ,
subjugation ,
swindle ,
swiping ,
tagging ,
takeover ,
taking ,
taking over ,
theft ,
thievery ,
thieving ,
trespass ,
trespassing ,
usurpation APPROPRIATION ,
contracts .
The application of the payment of a sum of money ,
made by a debtor to his creditor ,
to one of several debts .
2 .
When a voluntary payment is made ,
the law permits the debtor in the first place ,
or ,
if he make no choice ,
then it allows the creditor to make an appropriation of such payment to either of several debts which are due by the debtor to the creditor .
And if neither make an appropriation ,
then the law makes the application of such payment .
This rule does not apply to payments made under compulsory process of law .
10 Pick .
129 .
It will be proper to consider ,
1 ,
when the debtor may make the appropriation ;
2 ,
when the creditor may make it ;
3 ,
when it will be made by law .
3 .-
1 .
In general the appropriation may be made by the debtor ,
but this must be done by his express declaration ,
or by circumstances from which his intentions can be inferred .
2 C .
M . &
R .
723 ;
14 East ,
239 ;
1 Tyrw . &
Gr .
137 ;
15 Wend .
19 ;
5 Taunt .
7 Wheat .
13 ;
2 Ear . &
Gill ,
159 ;
S .
C .
4 Gill &
Johns .
361 ;
1 Bibb ,
334 ;
5 Watts ,
544 ;
12 Pick .
463 ;
20 Pick .
441 ;
2 Bailey ,
617 ;
4 Mass .
692 ;
17 Mass .
575 .
This appropriation ,
it seems ,
must be notified to the creditor at the time ;
for an entry made by the debtor in his own books ,
is not alone sufficient to determine the application of the payment .
2 Vern .
606 ;
4 B . &
C .
715 .
In some cases ,
in consequence of the circumstances ,
the presumption will be that the payment was made on account of one debt ,
in preference to another .
3 Caines ,
14 ;
2 Stark .
R .
101 .
And in some cases the debtor has no right to make the appropriation ,
as ,
for example ,
to apply 4 partial payment to the liquidation of the principal ,
when interest is due .
1 Dall .
124 ;
1 H . &
J .
754 ;
2 N . &
M '
C .
395 ;
1 Pick .
194 ;
17 Mass .
417 .
4 .-
2 .
When the debtor has neglected to make an appropriation ,
the creditor may ,
in general ,
make it ,
but this is subject to some exceptions .
If ,
for example ,
the debtor owes a debt as executor ,
and one in his own right ,
the creditor cannot appropriate a payment to the liquidation of the former ,
because that may depend on the question of assets .
2 Str .
1194 .
See 1 M . &
Malk .
40 ;
9 Cowen ,
409 ;
2 Stark .
R .
74 ;
1 C . &
Mees .
33 .
5 .
Though it is not clearly settled in England whether a creditor is bound to make the appropriation immediately ,
or at a subsequent time Ellis on D .
and C .
406 -
408 yet in the United States ,
the right to make the application at any time has been recognized ,
and the creditor is not bound to make an immediate election .
4 Cranch ,
317 ;
9 Cowen ,
420 ,
436 .
See 12 S . &
R .
301 2 B . &
C .
65 ;
2 Verm .
283 ;
10 Conn .
176 .
6 .
When once made ,
the appropriation cannot be changed ;
and ,
rendering an account ,
or bringing suit and declaring in a particular way ,
is evidence of such appropriation .
1 Wash .
128 3 Green .
314 ;
12
APPROPRIATION ,
contracts .
The application of the payment of a sum of money ,
made by a debtor to his creditor ,
to one of several debts .
2 .
When a voluntary payment is made ,
the law permits the debtor in the first place ,
or ,
if he make no choice ,
then it allows the creditor to make an appropriation of such payment to either of several debts which are due by the debtor to the creditor .
And if neither make an appropriation ,
then the law makes the application of such payment .
This rule does not apply to payments made under compulsory process of law .
10 Pick .
129 .
It will be proper to consider ,
1 ,
when the debtor may make the appropriation ;
2 ,
when the creditor may make it ;
3 ,
when it will be made by law .
3 .-
1 .
In general the appropriation may be made by the debtor ,
but this must be done by his express declaration ,
or by circumstances from which his intentions can be inferred .
2 C .
M . &
R .
723 ;
14 East ,
239 ;
1 Tyrw . &
Gr .
137 ;
15 Wend .
19 ;
5 Taunt .
7 Wheat .
13 ;
2 Ear . &
Gill ,
159 ;
S .
C .
4 Gill &
Johns .
361 ;
1 Bibb ,
334 ;
5 Watts ,
544 ;
12 Pick .
463 ;
20 Pick .
441 ;
2 Bailey ,
617 ;
4 Mass .
692 ;
17 Mass .
575 .
This appropriation ,
it seems ,
must be notified to the creditor at the time ;
for an entry made by the debtor in his own books ,
is not alone sufficient to determine the application of the payment .
2 Vern .
606 ;
4 B . &
C .
715 .
In some cases ,
in consequence of the circumstances ,
the presumption will be that the payment was made on account of one debt ,
in preference to another .
3 Caines ,
14 ;
2 Stark .
R .
101 .
And in some cases the debtor has no right to make the appropriation ,
as ,
for example ,
to apply 4 partial payment to the liquidation of the principal ,
when interest is due .
1 Dall .
124 ;
1 H . &
J .
754 ;
2 N . &
M '
C .
395 ;
1 Pick .
194 ;
17 Mass .
417 .
4 .-
2 .
When the debtor has neglected to make an appropriation ,
the creditor may ,
in general ,
make it ,
but this is subject to some exceptions .
If ,
for example ,
the debtor owes a debt as executor ,
and one in his own right ,
the creditor cannot appropriate a payment to the liquidation of the former ,
because that may depend on the question of assets .
2 Str .
1194 .
See 1 M . &
Malk .
40 ;
9 Cowen ,
409 ;
2 Stark .
R .
74 ;
1 C . &
Mees .
33 .
5 .
Though it is not clearly settled in England whether a creditor is bound to make the appropriation immediately ,
or at a subsequent time Ellis on D .
and C .
406 -
408 yet in the United States ,
the right to make the application at any time has been recognized ,
and the creditor is not bound to make an immediate election .
4 Cranch ,
317 ;
9 Cowen ,
420 ,
436 .
See 12 S . &
R .
301 2 B . &
C .
65 ;
2 Verm .
283 ;
10 Conn .
176 .
6 .
When once made ,
the appropriation cannot be changed ;
and ,
rendering an account ,
or bringing suit and declaring in a particular way ,
is evidence of such appropriation .
1 Wash .
128 3 Green .
314 ;
12 Shepl .
29 ;
2 N .
H .
Rep .
193 ;
2 Rawle ,
316 ;
5 Watts ,
544 ;
2 Wash .
C .
C .
47 ;
1 Gilp .
106 ;
12 S . &
R .
305 .
7 .
When no application of the payment has been made by either party ,
the law will appropriate it ,
in such a way as to do justice and equity to both parties .
6 Cranch ,
8 ,
28 ;
4 Mason ,
333 ;
2 Sumn .
99 ,
112 ;
5 Mason ,
82 ;
1 Nev . &
Man .
746 ;
5 Bligh ,
N .
S .
1 ;
11 Mass .
300 ;
1 H . &
J .
754 ;
2 Vern .
24 ;
1 Bibb .
334 ;
2 Dea . &
Chit .
534 ;
5 Mason ,
11 .
See 6 Cranch ,
253 ,
264 ;
7 Cranch ,
575 ;
1 Mer .
572 ,
605 ;
Burge on Sur .
126 -
138 ;
1 M . &
M .
40 .
See 1 Bouv Inst .
n .
8314 .
8 .
In Louisiana ,
by statutory enactment ,
Civ .
Code ,
art .
1159 ,
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 or surprise on the part of the creditor .
When the receipt bears no 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 Codo Napoleon ,
art .
1253 -
1256 slightly altered .
See Poth .
Obl .
n .
528 translated by Evans ,
and the notes ;
Bac .
Ab .
Obligations ,
F ;
6 Watts &
Amer .
Law Mag .
31 ;
1 Hare &
Wall .
Sel .
Dec .
123 -
158 .
APPROPRIATION ,
eccl .
law .
The setting apart an ecclesiastical benefice ,
which is the general property of the church ,
to the perpetual and proper use of some religious house ,
bishop or college ,
dean and chapter and the like .
Ayl .
Pat .
86 .
See the form of an appropriation in Jacob '
s Introd .
411 .
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