APPROPRIATION. In Ecclesiastical Law. The perpetual annexation of an ec clesiastical benefice which is the general pro perty of the church to the use of some spirit ual corporation, either sole or aggregate.
It corresponds with impropriation, which is set ting apart a benefice to the use of a lay corporation. The name came from the custom of monks in Eng land to retain the churohes in their gift and all the profits of them in prnprio uatie to their own imme diate benefit. 1 Burns, &el. Law, 71.
To effect a good appropriation, the king's license and the bishop's consent must first be obtained. When the corporation having the benefice is dissolved, the parsonage becomes disappropriate at common law. Coke, Litt. 46; 1 Blackstone, Comm. 335 ; 1 Hagg. Eccl. 162. There have been no appropriations since the dissolution of monasteries. For the form of an appropriation, see Jacob, Introd. 411.
Of Payments. The application of a pay ment made to a creditor by his debtor, to one or more of several debts.
2. The debtor has the first right of appro priation. No precise declaration is required of him, his intention, when made known, being sufficient. Wythe, 13 ; 7 Blackf. Ind. 236 ; 10 Ill. 449; 1 Fla. 409. Still, such facts must be proved as will lead a jury to infer that the debtor did purpose the specific appropriation claimed. 14 East, 239, 243, n.; 4 Ad. & E. 840 ; 8 Watts & S. Penn. 320 ; 2 Hall, N. Y. 185; 10 Leigh, Va. 431; 1 Ga. 241; 17 Mass. 575 ; 5 Ire& No. C. 551 ; 2 Rob. Va. 2, 27 ; 12 Vt. 608; 36 Me. 222; 4 J. J. Marsh. Ky. 621; 4 Gill & J. Md. 361. An entry made by the debtor in his own book at the time of payment is an appropriation, if made known to the creditor; but otherwise, if not made known to him. The same rule applies to a creditor's entry communicated to his debtor. 3 Dowl. & R. 549 ; 8 Carr. & P. 704; 2 Barnew.
& C. 65; 5 Den. N. Y. 470; 11 Barb. N. Y. 80.
3. The creditor may apply the payment, as a general rule, if the debtor does not. 4 Cranch, 316 ; 7 How. 681; 20 Pick. Mass.
339; 25 Penn. St. 411; 1 M'Cord, So. C. 308,• 5 Day; Conn. 166; 1 Mo. 315 ; 2I11. 196. But there are some restrictions upon this right. The debtor must have known and waived his right to appropriate. Hence an agent cannot always apply his principal's payment. He cannot, on receipt of money due his principal, apply the funds to debts due himself as agent, selecting those barred by the statute of limit ations. 8 Dowl. Bail, 563 ; 1 Mann. & G. 54; 5 N. H. 297. But on an agent's appropria tions, see 5 Bligh, N. s. 1 ; 3 Barnew. & Ad. 320; 9 Pick. "Kass. 325; 1 La. Ann. 393; 19 N. H. 479 ; 29 Miss. 139. A prior legal debt the creditor must prefer to a posterior equi table debt. Where only one of several debts is valid and lawful, all the payments must be applied to this, irrespective of its order in the account. 27 Vt. 187. Whether if the equitable be prior it must first be paid, see 9 Cow. 420; 2 Stark. 74; 1 Crompt. & M. Exch. 33; 6 Taunt. 597.
4. If the creditor is also trustee for another creditor of his own debtor, he must apply the unappropriated funds pro rata to his own claims and those of his cestui que trust. 18 Pick. Mass. 361. But if the debtor, besides the debts in his own right, owe also debts as executor or administrator, the unappropri ated funds should first be applied to his per sonal debt, and not to his debts as executor. 2 Strange, 1194; 4 Harr. & J. Md. 566; 14 N. H. 352 ; 2 Dowl. Parl. Cas. 477. A cre ditor cannot apply unappropriated funds to such of his claims as are illegal and not re coverable at law. 3 Barnew. & C. 165; 4 Mann. & G. 860 ; 4 Dowl. & R. 783 ; 2 Deac. & C. Bank. 534; 11 Cush. Mass. 44; 14 N. H. 431. But in the case of some debts il legal by statute—namely, those contracted by sales of spirituous liquors—an appropriation to them has been adjudged good. 2 Ad. & E. 41; 5 Carr. & P. 19 ; 1 Mood. & R. 100 ; 34 Me. 112. And the debtor may always elect to have his payment applied to an illegal debt.