Appropriation

Appropriation is the opposite of expropriation, and means making something the property of a particular person—e.g. game, which is the property of no one, is appropriated by capture; or one man is said to appropriate the ideas of another. The word has various important applications in law. (1) Where so much iron or oil, for instance, has been sold, but the quantity is not separated by weight or measurement from a larger mass; or where a certain proportion is sold, but the exact quantity or price is not known until measurement, &c.; in such cases the risk of the goods perishing and the substantial ownership do not pass to the buyer. Before delivery, however, the goods may be appropriated so as to produce this effect. (2) When a bill is drawn against goods, and the bill of lading is sent as a security to the acceptor, the goods are said to be appropriated to the payment of the bill. (3) Where several debts are due to the same creditor, the debtor, in making a payment, may appropriate it to a particular debt. If he does not do so, the creditor may apply it as he pleases—e.g. to the least secured debt, or to interest instead of principal. Where the parties say nothing, the law appropriates the payments in order of date. Thus, in a banking account, the first item on the credit side is applied to the first item on the debit side, and so on. In church law, an appropriator is the owner of a benefice—e.g. the lay rector who receives the tithes, but is bound to appoint a vicar or perpetual curate for the spiritual service of the parish. In constitutional law, appropriation means the principle that ‘supplies granted by parliament are only to be expended for particular objects specified by itself.’ This principle was acted on by the Commons during the Commonwealth, was definitely established during the Dutch war of 1665, and since the reign of William III. has been expressed in the Annual Appropriation Act by a clause prohibiting the treasury officials from applying public money to any service other than that to which it has been specially appropriated.