As to the time during which the applica tion must be made in order to be valid, there is much discrepancy among the authorities, but perhaps a correct rule is that any time will be good as between debtor and creditor, but a reasonable time only when third par ties are 'affected ; 6 Taunt. 597; Combs v. Little, 4 N. J. Eq. 314, 40 Am. Dec. 207; Starrett v, Barber, 20 Me. 457; Heilbron v. Bissell, Bail. Eq. (S. C.) 430; Reynolds v. McFarlane, 1 Overt. (Tenn.) 488; Moss v. Adams, 39 N. C. 42; Robinson v. Doolittle, 12 Vt. 249 ; Fairchild v. Holly, 10 Conn. 184.
When once made, the appropriation can not be changed but by consent ; and render ing an account, or bringing suit and declar ing in a particular way, is evidence of an appropriation; Hill v. Southerland's Ex'rs, 1 Wash. (Va.) 128 ; Hopkins v. Conrad, 2 Rawle (Pa.) 316; Bank of North America v. Meredith, 2 Wash. C. C. 47, Fed. Cas. No. 893; Jackson v. Bailey, 12 Ill. 159; Codman v. Armstrong, 28 Me. 91; Pearce v. Walker, 103 Ala. 250, 15 South. 568. If the debtor receives without objection an account ren dered, he cannot afterward question the im putation; Flower v. O'Bannon, 43 La. Ann. 1042, 10 South. 376; Sawyer v. Harrison, 43 Minn. 298, 45 N. W. 434.
Of Government. No money can be drawn from the treasury of the United States but in consequence of appropriations made by law ; Const. art. 1, s. 9. Under this clause it is necessary for congress to appropriate money for the support of the federal gov ernment; this is done annually by acts of appropriation, some of which are for the general purposes of government, and others special and private in their nature. These general appropriation bills, as they are com monly termed, extend to the 30th of June in the following year, and usually originate in the house of representatives, being prepared by the committee of ways and means ; but they are distinct from the bills for raising revenue, which the constitution declares shall originate in the house of representa tives. A rule of the house gives appropria
tion bills precedence over all other business, and requires them to be first discussed in committee of the whole. Where money once appropriated remains unexpended for more than two years after the expiration of the fiscal year in which the act shall have been passed, such appropriations are deemed to have ceased, and the moneys so unexpend ed are immediately thereafter carried to the "surplus fund," and it is not lawful there after to pay them out for any purpose with out further and specific appropriations by law. Certain appropriations, however, are excepted from the operation of this law, viz.: moneys appropriated for payment of the interest on the funded debt, or the pay ment of interest and reimbursement accord ing to contract of any loan or loans made on account of the United States; as like wise moneys appropriated for a purpose in respect to which a longer duration Is specially assigned by law. No expenditure is allowed in any department in any year in excess of the appropriation for that year ; R. S. § 3660-3692, 7 0. A. G. 1.
The term "appropriation" was also used in 13 Stat. at L. 381, to include all taking and use of property by the army and navy in the course of the war not authorized by contract with the government; Filor v. U. S., 9 Wall. (U. S.) 45, 19 L. Ed. 549 ; U. S. v. Russell, 13 Wall. (U. S.) 623, 20 L. Ed. 474; Waters v. U. S., 4 Ct. Cl. 389.
It is also used in reference to taking prop erty under eminent domain (q. v.) and par ticularly to taking water in connection with irrigation (q. v.).