PAYMENT. If a man owes several sums of money to another on different accounts, and makes a payment of any one of such sums, he may state at the time of payment on which account such sum is paid, and the payment will be considered to be legally appropriated to the debt which he has named. If at the time ofpayment the debtor makes no appropriation of the payment, the creditor may st the time of payment appropriate it to such debt as he pleases, provided he so appropriates the payment, as he would do, or as it may be presumed that he would do, if ho were the debtor. Accordingly the creditor must appropriate the payment to such debt as is the most burdensome to the debtor. If neither party make any appropriation of the debt at the time of payment, the payment will be presumed to be made on account of the more burdensome debt ; if there is no difference in the quality of the debts, the payment must be presumed to be made on account of the oldest.
These are the rules of the Roman Law (' Dig.' 46, tit. 3), which perhaps may be considered to be adopted by the English Law, though the decisions are by no means uniform in this matter. (Devaynes r. Noble, 1 31er. 606.) The principles just laid down apply to distinct debts on different accounts (mune). If there are dealings between two persona which are all of one uniform and continuous nature, as for instance between a banker and his customer, there is no question of appropriation of payment. The customer pays money into the bank at different times, and draws it out by drafts at different times. All the sums paid in and all the sums paid out severally make an entire creditor and debtor account, and by striking the balance at any given time it will appear what sum is duo at that time from the banker to his customer or from the customer to his banker. It is true that this supposes a kind of ',appropriation, but not exactly that kind which is meant by the term. It assumes that the sum first paid in is dis charged by the sum first paid out, so far as it is sufficient to discharge it; and the same remark applies to all subsequent payments into the bank and sums drawn out. The account therefore must be made out
in the order of time, and the balance will show how the account stands at the time when it is made oat. (1)evaynes v. Noble.) A debt barred by the Statute of Limitations cannot be revived by an appropriation of a general payment.
There are various other cases in the reports in which the question of appropriation of payments has been discussed. (Croft r. Lumley, 6 H. of L. Cas. 672; Beale r. Caddick, 2 II. & N.326; Nash is llodg son, L. J. 25, Ch. 186; and Farley as Turner, L. J. 26, Ch. 710.) PEA. The garden pea (Mourn satirum) is a native of the south of Europe, but sufficiently hardy in a young state, or when its develop ment is not much extended, to bear our winters when they are moderate, and when the plants have, as iu gardens generally, a sheltered situation.
The pea had probably been introduced into this country at au early period, for peas are mentioned by Lydgate, in the time of Henry VI., as being hawked in London. It appears however that for nearly a century afterwards, they were either not very common, or the manner of obtaining them early was unknown, for Fuller states that in the reign of Elizabeth peas were brought from Holland, and were accounted "fit dainties for ladies, they came so far and cost so dear." The varieties of the pea are numerous. Every seedsman issues a trustworthy list, from which eelection is to be made according to the date of sowing.
The soil for peas ought to be fresh and well stirred, but not too rich ; for in the latter ease a luxuriant growth is induced without fertility.
The times of sowing are, in November for the earliest crop, and at intervals of a month, three weeks, or a fortnight, as the season advances, till Midsununer. The produce from any that may be sown after this period is very uncertain; • as is indeed the case with the November and other sowings previous to those of spring. The shelter afforded the young plants In winter by spruce branches or temporary awnings is of course beneficial.