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nor will it relieve where a power to appoint by will is purported to be exercised by deed. A power of appointment if exercised must be exercised bona fide, otherwise it will be void as fraudulent, thus it has been frequently decided that where a father, having a limited power of appointment among his children, appoints the whole fund to an infant child, who is in no need of the appointment and who is ill, in the expectation of the death of the child whereby the fund will come to him as next of kin, such appointment is void as a fraud upon the power. Where an execution is partly fraudulent and partly valid the court will, if possible, separate the two and only revoke that which is fraudulent; if, however, the two parts are not separable the whole is void. The same rule is applied in cases of excessive execution where the power is exercised in favour of persons some of whom are and some of whom are not objects of the power. The doctrine of Election (q.v.) applies to appointments under powers, but there must be a gift of frce and disposable property to the persons entitled in default of appointment. The appointment must in law be read into the instrument creating the power in lieu of the power itself. Thus an appointor under a limited power cannot appoint to any person to whom the donor could not have appointed by reason of the rule against perpetuities, but this is not so in the case of a general power, for there the appointor is virtually owner of the property appointed. In applying this rule to appointments a distinction arises between powers created by deed and will, for a deed speaks from the date of its execution but a will from the death of the testator, and so limitations bad when the will was made may have become good when it comes into operation. Since the Conveyancing Act 1881 all powers may be released by the donees thereof, unless the power is coupled with a trust in respect of which there is a duty cast on the donee to exercise it; and this is so even though the donee gets a benefit by such release as one entitled in default of appointment, for this is not a fraud upon the power. (E. S. M. B.) APPOMATTOX COURT HOUSE, a village of Appomattox county, Virginia, U.S.A., 25 m. E. of Lynchburg, in the S. part of the state. It is served by the Norfolk & Western railway. The village was the scene of the surrender of the Confederate Army of Northern Virginia under General Robert E. Lee to the Federal forces- under Lieutenant-General U. S. Grant on Sunday the 9th of April 1865. The terms were: “the officers to give their individual paroles not to take up arms against the government of the United States until properly exchanged, and each company or regimental commander to sign a like parole for the men of their commands,” . . . neither “side arms of the officers nor their private horses or baggage" to be surrendered; and, as many privates in the Confederate Army owned horses and mules, all horses and mules claimed by men in the Confederate Army to be left in their possession. APPONYI, ALBERT, Count (1846– ), Hungarian statesman, the most distinguished member of an ancient noble family, dating back to the 13th century, and son of the chancellor György Apponyi (1808-1899) and the accomplished and saintly Countess Julia Sztáray, was born at Pesth on the 29th of May 1846. Educated at the Jesuit seminary at Kalksburg and at the universities of Vienna and Pesth, a long foreign tour completed his curriculum, and at Paris he made the acquaintance of Montalembert, a kindred spirit, whose influence on the young Apponyi was permanent. He entered parliament in 1872 as a liberal Catholic, attaching himself at first to the Deák party; but the feudal and ultramontane traditions of his family circle profoundly modified, though they could never destroy, his popular ideals. On the break up of the Deák party he attached himself to the conservative group which followed Baron Pál Senynyey (1824-1888) and eventually became its leader. Until 1905 Count Albert was constantly in opposition, but in May of that year he consented to take office in the second Wekerle ministry. A lofty and magnetic orator, his speeches were published at Budapest in 1896; and he is the author of an interesting dissertation, Esthetics and Politics, the Artist and the Stalesman (Hung.) (Budapest, 1895).
APPORTIONMENT (Fr. apportionement; Med. Lat. apportionamentum, derived from Lat. portio, share), distribution or allotment in proper shares, a term used in law in a variety of senses. (1) Sometimes it is employed roughly and with no technical meaning to indicate the distribution of a benefit (e.g. salvage or damages under the Fatal Accidents Act 1846, § 2), or liability (e.g. general average contributions, or tithe rent-charge), or the incidence of a duty (e.g. obligations as to the maintenance of highways). (2) In its strict legal interpretation apportionment falls into two classes, “apportionment in respect of estate” and “apportionment in respect of time.”
1. Apportionment in respect of Estate may result either from the act of the parties or from the operation of law. Where a lessee is evicted from, or surrenders or forfeits possession of part of the property leased to him, he becomes liable at common law to pay only a rent apportioned to the value of the interest which he still retains. So where the person entitled to the reversion of an estate assigns part of it, the right to an apportioned part of the rent incident to the whole reversion passes to his assignee. The lessee is not bound, however, by an apportionment of rent made upon the grant of part of the reversion unless it is made either with his consent or by the verdict of a jury. The assignee of the reversion of part of demised premises could not, at common law, re-enter for breach of a condition, inasmuch as a condition of re-entry in a lease could not at common law be apportioned. But this has now been altered by statute both in England (Law of Property Amendment Act 1859, § 3; Conveyancing Act 1881, § 12) and in many of the British colonies (e.g. Ontario, Rev. Stats., 1897, c. 170, § 9; Barbados, No. 12 of 1891, § 9). In the cases just mentioned there is apportionment in respect of estate by act of the parties.
Apportionment by operation of law may be brought about where by act of law a lease becomes inoperative as regards its subjectmatter, or by the "act of God" (as, for instance, where part of an cstate is submerged by the encroachments of the sea). To the same category belongs the '' of rent which takes place under various statutes (e.g. the Lands Clauses Consolidation Act 1845 § 119, when land is required for public purposes; the - £i Holdings Act 1883, § 41, in the case of a tenant from year to year receiving notice to quit part of a holding; and the Irish Land Act 1903, §61, apportionment of quit and crown rents).
2. Apportionment in respect of Time.-At common law, there was no apportionment of rent in respect of time. Such apportionment was, however, in certain cases allowed in England by the Distress for Rent Act 1737, and the Apportionment Act 1834, and is now allowed generally under the Apportionment Act 1870. Under that statute (§ 2) all rents, annuities, dividends and other periodical payments in the nature of income are to be considered as accruing from day to day and to be apportionable in respect of time accordingly. It is provided, however, that the apportioned part of such rents, &c., shall only be payable or recoverable in the case of a continuing payment, when the entire portion of which it forms part itself becomes payable, and, in the case of a payment determined by re-entry, death or otherwise, only when the next entire portion would have been payable if it had not so determined (§ 3). Persons entitled to apportioned parts of rent have the same remedies for recovering them when payable as they would have had in respect of the entire rent; but a lessee is not to be liable for any apportioned part specifically. The rent is recoverable by the heir or other person who would, but for the apportionment, be entitled to the entire rent, and he holds it subject to distribution (§ 4). The Apportionment Act 1870 extends to payments not made under any instrument in writing (§ 2), but not to annual sums made payable in policies of insurance (§6). Apportionment under the act can be excluded by express stipulation.
The apportionment created by this statute is “apportionment in respect of time.” The cases to which it applies are mainly cases of either (A) apportionment of rent due under leases where at a time between the dates fixed for payment the lessor or lessee dies, or some other alteration in the position of parties occurs, or (B) apportionment of income between the representatives of a limited owner and the remainder-man when the limited interest
determines at a time between the date when such income became due. (A) With regard to the former of these classes, it may be noticed that although apportioned rent becomes payable only when the whole rent is due, the landlord, in the case of the bankruptcy of an ordinary tenant, may prove for a ££" of the rent up to the date of the receiving order (Bankruptcy Act 1883, Sched. ii. r. 19); and that a similar rule holds good in the winding up of a £ (in re South Kensington Co-operative Stores, 1881, 17 Ch.D. 161); and further that the act of 187o applies to the liability to pay, as well as to the right to receive, rent (in re Wilson, 1893, 62 L.J.Q.B. 628, 632). Accordingly where an assignment of a lease is made between two half-yearly rent-days, the assignee is not liable to pay the full amount of the half-year's rent falling due on the rent-day next after the date of the assignment, but only an apportioned part of that half-year's rent, computed from the last mentioned date (Glass v. Patterson, 1902, 2 Ir.R. 660). (B). With regard to the apportionment of income, the only points requiring notice here are that all dividends payable by public companies are apportionable, whether paid at fixed periods or not, unless the payment is, in effect, a payment of capital (§ 5). The Apportionment Act 187o extends to Scotland and Ireland. It has been followed in many of the British colonies (e.g. Ontario, Rev. Stats., 1897, c. 170, $$ 4-8; New Zealand, No. 4 of 1886; Tasmania, No. 8 of 1871, Barbados, No. 12 of 1891, §§ 9-12). Similar legislation has been adopted in many of the states of the American Union, where, as in England, rent was not, at common law, apportionable as to time (Kent, Comm. iii. 469-472). An equitable apportionment, apart from statute law, arises where property is bequeathed on trust to pay the income to a tenant for life and the reversion to others, and the realization of the property in the form of a fund capable of producing income is postponed for the benefit of the estate. In such cases there is an ultimate apportionment between the persons entitled to the income and those entitled to the capital of the accumulations for the period of such postponement. The rule followed is this: the proceeds, when realized, are apportionable between capital and income by ascertaining the sum which, put out and accumulated at 3% per annum from the day of the testator's death (with yearly rents and deducting income tax) would have produced at the day of receipt the sum actually received. The sum so ascertained should be treated as capital and the residue as income. (In re Earl of Chesterfield's Trusts, 1883, 24 Ch.D. 643; In re Goodenough, 1895, 2 Ch. 537; Rowlls v. Bebb, 1900, 2 Ch. 107.) In addition to the authorities cited in the text, see Stroud, Jud. Dict (2nd ed., London, 1903), s.v. “ '' "; Bouvier, Law Dict, (London and Boston, 1897), s.v. “Apportionment"; # Cases (London, 1895), tit. “Apportionment "; Fawcett, Landlor and Tenant (London, 1905), pp. 238 et seq.; Foa, Landlord and Tenant (3rd ed., London, 1901), pp. 112 et seq. (A. W.R.) APPORTIONMENT BILL, an act passed by the Congress of the United States after each decennial census to determine the number of members which each state shall send to the House of Representatives. The ratio of , representation fixed by
apportionment, has been raised after each census, as will be seen from the accompanying table. The same term is applied to the acts passed by the state legislatures for correcting and redistributing the representation of the counties. Such acts are usually passed at decennial intervals, more often after the federal census, but the dates may vary in different states. The state representatives are usually apportioned among the several counties according to population and not by geographical position. The electoral districts so formed are expected to be equal in proportion to the number of inhabitants; but this method has led to much abuse in the past, through the making of unequal districts for partisan purposes. (See GERRYMANDER.) If a state has received an increase in the number of its representatives and its legislature does not pass an apportionment bill before the next congressional election, the votes of the whole state elect the additional members on a general ticket and they are called “congressmen-at-large.” APPRAISER (from Lat. appretiare, to value), one who sets a value upon property, real or personal. In England the business of an appraiser is usually combined with that of an auctioneer. while the word itself has given place, to a great extent, to that of “valuer.” (See the articles AUCTIONS AND AUCTIONEERs, and VALUATION AND Value Rs.) In the United States appraiser is a term often used to describe a person specially appointed by a judicial or quasi-judicial authority to put a valuation on property, e.g. on the items of an inventory of the estate of a deceased person or on land taken for public purposes by the right of eminent domain. Appraisers of imported goods and boards of general appraisers have extensive functions in administering the customs laws of the United States. Merchant appraisers are sometimes appointed temporarily under the revenue laws to value where there is no resident appraiser without holding the office of appraiser (U.S. Rev. Stats. § 26oo). APPREHENSION (Lat. ad, to; prehendere, to seize), in psychology, a term applied to a mode of consciousness in which nothing is affirmed or denied of the object in question, but the mind is merely aware of (“seizes”) it. “Judgment" (says Reid, ed. Hamilton, i. p. 414) “is an act of the mind specifically different from simple apprehension or the bare conception of a thing”; and again, “Simple apprehension or conception can neither be true nor false.” This distinction provides for the large class of mental acts in which we are simply aware of or “take in ” a number of familiar objects, about which we in general make no judgment unless our attention is suddenly called by a new feature. Or again two alternatives may be apprehended without any resultant judgment as to their re spective merits. Similarly G. F. Stout points out that while we have a very vivid idea of a character or an incident in a work of fiction, we can hardly be said in any real sense to have any belief or to make any judgment as to its
- - Whole existence or truth. With this mental state
Und Census. Apportionment. Number of may be compared the purely aesthetic con
noter Y Populati Y Rati Rep' templation of music, wherein apart from, say,
Car. opulation. car. tio. * a false note, the faculty of judgment is for
Constitution - - - - 1789 30,000 65 the time inoperative. To these examples may
First Census . 1790 3,929,214 1793 33,000 105 be added the fact that one can fully understand
Second Census . 1800 5,308,483 1803 33,000 141 an argument in all its bearings without in any Third Census 1810 7,239,881 1813 35,000 18i judging its validit
Fourth Census . 1820 9,633,822 1823 40,000 213 w:ng its variety. -
Fifth Census 1830 12,866,020 1833 47,700 240- without going into the question fully, it
Sixth Census . . 1840 17,069,453 1843 70,680 223 may be pointed out that the distinction
£ - # # # # # between judgment and apprehension is relative.
1. ensus , I, ,32 i * 41 - -
£ Census 1870 # # # # 292 In every kind of thought there is judgment of
Tenth Census 1880 50,155,783 1883 151,911 325 some sort in a greater or less degree of
Eleventh Census 1890 62,622,250 1893 173,901 356 prominence. Judgment and thought are in
Twelfth Census 190o 75,568,686 1903 194,182 386 fact psychologically distinguishable merely as
the original constitution was 1 to 30,000 of the free population, and the number of the members of the first House was 65. As the House would, at this ratio, have become unmanageably large, the ratio, which is first settled by Congress before
different, though correlative, activities of consciousness. Professor Stout further investigates the phenomena of apprehension, and comes to the conclusion that “it is possible to distinguish and identify a whole without apprehending any of its constituent details.” On the other hand, if the attention focuses itself for a time on the apprehended object, there is an expectation that such details will as it were emerge into consciousness. Hence he describes such apprehension as “implicit,” and in so far as the implicit apprehension determines the order of such emergence he describes it as “schematic.” A good example of this process is the use of formulae in calculations; ordinarily the formula is used without question; if attention is fixed upon it, the steps by which it is shown to be universally applicable emerge and the “schema.” is complete in detail. With this result may be compared Kant's theory of apprehension as a synthetic act (the “synthesis of apprehension ”) by which the sensory elements of a perception are subjected to the formal conditions of time and space. See G. F. Stout, Analytic Psychology (London, 1896): F. Brentano, Psychologie (bk. ii. ch. vii.), and Vom Ursprung sittlicher Erkenntnus; B. Titchener, Outlines of Psychology (New York, 1902), and text-books of psychology. PsycholoGY. APPRENTICESHIP (from Fr. apprendre, to learn), a contract whereby one person, called the master, binds himself to teach, and another, called the apprentice, undertakes to learn, some trade or profession, the apprentice serving his master for a certain time. Roman law is silent on the subject on this contract, nor does it seem to have had any connexion with the division of the Roman citizens into tribes or colleges. So far as can be seen it arose in the middle ages, and formed an integral part of the system of trade gilds and corporations by which skilled labourers of all kinds sought protection against the feudal lords, and the maintenance of those exclusive privileges with which in the interests of the public they were favoured. In those times it was believed that neither arts nor sciences would flourish unless such only were allowed to practise them as had given proofs of reasonable proficiency and were formed into bodies corporate, with certain powers of self-government and the exclusive monopoly of their respective arts within certain localities; and the medieval universitas (corporation)—whether of smiths and tailors or of scholars—included both such as were entitled to practise and teach and such as were in course of learning. The former were the masters, the latter the apprentices. Hence the term apprentice was applied indifferently to such as were being taught a trade or a learned profession, and even to undergraduates or scholars who were qualifying themselves for the degree of doctor or master in the liberal arts. When barristers were first appointed by Edward I. of England they were styled apprenticii ad legem—the serjeants-at-law being servientes ad legem; and these two terms corresponded respectively to the trade names of apprentices and journeymen. During the middle ages the term of apprenticeship was seven years, and this period was thought no more than sufficient to instruct the learner in his profession, craft or mystery under a properly qualified master, teacher or doctor—for these names were synonymous-and to reimburse the latter by service for the training received. After this the apprentice became himself a master and a member of the corporation, with full rights to practise the business and to teach others in his turn; so also it would seem that undergraduates had to pass through a curriculum of seven years before they could attain the degree of doctor or master in the liberal arts. On the continent of Europe these rules were observed with considerable rigour, both in the learned professions and in those which we now designate as trades. In England they made their way more slowly and did not receive much countenance, there being always a jealousy of anything savouring of interference with the freedom of trade. Nevertheless the formation of gilds and companies of tradesmen in England dates probably from the 12th century, and the institution of apprenticeships cannot be of much later date. In 1388 and 1405 it is noticed in acts of parliament. By various subsequent statutes provisions were made for the regulation of the institution, and from them it appears that seven years was its ordinary and normal term in the absence of special arrangement. By a statute of 1562 this was made the law of the land, and it was
enacted that no person should exercise any “trade or mystery.” without having served a seven years' apprenticeship. In no place did the apprentices become so formidable by their numbers and organization as in London. During the Great Rebellion they took an active part as a political body, and were conspicuous after the Restoration by being frequently engaged in tumults. It was probably owing to this circumstance, quite as much as to economic considerations of freedom of trade, that the act of Elizabeth never found much favour with the courts of law. Soon after the Great Rebellion we find the apprentice laws strongly reprobated by the judges, who endeavoured, on the theory that the act of Elizabeth could apply to no trades which were not in existence at its date, to limit its operation as far as possible. Such limitation of the act gave rise to many absurd anomalics and inconsistencies, e.g. that a coachmaker could not make his own wheels but must buy them of a wheelwright, while the latter might make both wheels and coaches, because coachmaking was not a trade in England when the act of Elizabeth was passed. For the like reason the great textile and metal manufactures which arose at Manchester and Birmingham were held exempt from the operation of the statute. Concurrently with the dislike to the apprentice laws which such anomalies generated, the doctrines of Adam Smith, that all monopolies or restrictions on the freedom of trade were injurious to the public interest, had gradually been making their way, and notwithstanding much opposition an act was passed in 1814 by which the statute of Elizabeth, in so far as it enacts that no person shall engage in any trade without a seven years' apprenticeship, was wholly repealed. The effect of this act was to give every person the fullest right to exercise any occupation or calling of a mechanical or trading kind for which he deemed himself qualified. Apprenticeship, therefore, which was formerly a compulsory, now became a voluntary contract. In the case of the learned professions the principles and theories which gave birth to corporations with monopolies, and required apprenticeship or its equivalents, have-contrary to what has taken place in tradebeen not only maintained but intensified; that is to say, not only have such bodies retained and even extended in some cases their exclusive privileges, but in general no one is allowed to practise in such professions unless his capabilities have been tested and approved by public authority. Thus no man is allowed to practise law or medicine in any of their branches who has not undergone the appropriate training by attendance at a university or by apprenticeship—sometimes by both combined— and passed certain examinations. Entrance to the church is guarded by similar checks. In such instances the old principlenow generally abandoned in trade-of granting a monopoly to those possessing a certain standard of qualification is maintained in greater vigour than ever. In some kinds of manufacture the old conditions have been modified by the subdivisions of labour or by the introduction of machinery, which have reduced the amount of skill which formerly was requisite, and thus they have passed out of the category of the higher skilled handicrafts, as only a very slight or short training is necessary to make an efficient worker; but a large number of the higher skilled trades remain which require a long period of training at the bench, and a careful inquiry into this subject has shown that in nearly all of such trades there is a scarcity of skilled workers, which is due to the falling off in the number of apprenticeships. Many persons qualified to form an opinion deplore that something in the nature of the old standard of qualification is not still applied to those trades, and consider that the only method of restoring a high standard of skill is by apprenticeship. The decay of apprenticeship in these trades is due, not to any inherent defect in the system, nor to its having been superseded by any other form of technical education, but to difficulties, especially in London and some other large towns, which place it beyond the reach of that class of persons who have the greatest need of it. Among these difficulties are:-first, insufficient organization, and secondly, want of funds to pay premiums where such are required. These difficulties ara accentuated in London and some other large towns, but in many other districts apprenticeship is actively proceeded with. Efforts are being made, notably by the National Institution of Apprenticeship, to meet these difficulties. The Charity Commissioners in their report for 1905 recognized the value of this institution, and stated that they would in future enable the trustees of charity endowments for apprenticeship to avail themselves of the practical co-operation of the institution. The modern trade unions, on the other hand, have done nothing to assist in restoring apprenticeship to its proper place; on the contrary, they have hampered it by restrictions which they have imposed, limiting the number of apprentices who may be taken. The result of fewer apprentices has been not only to lower the standard of skill in the higher trades, but to reduce the productive capacity of the artisans. The altered conditions now attending apprenticeship are, mainly, that the apprentice does not live with the master, and that the term is generally five years instead of a longer period; but the principle remains precisely the same, and the fact that it is applied more and more largely in Austria, Germany and other countries is an evidence of its necessity. The contract of apprenticeship is generally created by indenture, but any writing properly expressed and attested will do. The full consideration must be set out, and the instrument, whether a premium is paid or not, must be duly stamped, except in the case of parish apprentices and apprentices to the sea service (see SEAMEN, Laws RELATING to). Where a charity or institution intervenes, it retains control over the indentures until the end of the term of apprenticeship, when the indenture should be cancelled and given up to the apprentice. Anyone who is capable of making a contract can take an apprentice, and the law does not limit the number which may be taken by any master. Any person of legal capacity can bind himself as an apprentice, provided he is over seven years of age, though, as he is by the common law excmpt from all liability ex contractu, it is usual for the apprentice's relations or friends to become bound for his service and good conduct during the period of his apprenticeship. The consent of the apprentice, however, must be expressed by his executing the indenture. No child under nine can be bound as a parish apprentice. The master must teach the apprentice the agreed trade or trades; should the master exercise two trades (which he has agreed to teach) and give up one, it would be good ground for dissolving the contract by the apprentice. An apprentice is not bound to work on Sundays, but he may be required to work on bank holidays. He cannot become a volunteer (soldier) without his master's consent. It is usual in the indenture to state whether the apprentice is to be paid wages or otherwise. If the contract is to pay wages, no deduction can be made owing to illness or accident, unless it has been so provided for in the indentures. Nor is the apprentice liable for breakages or similar faults. The master has been supposed to have a right to administer moderate corporal punishment, though he may not delegate it. But this right is really obsolete. According to old custom a master provided proper food for his apprentices, and medical attendance when required; but the modern practice is for apprentices to reside with their parents or friends who maintain them. A master cannot assign indentures without the approval of the apprentice or such parties as are named in the contract for this purpose, even if he should transfer his business. The contract of apprenticeship may be dissolved by (1) efflux of time; (2) by death (if the master dies, some part of the premium is usually returnable, but if the apprentice dies no part is returnable); (3) by consent; (4) in case of grave misconduct; (5) under the Bankruptcy Act 1883, providing for discharge of the in: dentures of apprenticeship and for payment on account of premium. Disputes between master and apprentice, in cases where no premium has been paid, or where the premium does not exceed £25, are dealt with by courts of summary jurisdiction. Apprentices bound according to the “custom of London,” who are infants above the age of fourteen years and under twenty-one and unmarried, are responsible upon covenants contained in indentures executed by them just as if they were of full age. The term of apprenticeship is usually not less than four years.
Apprentices by the custom of London in agreements made at the Guildhall are subject to the jurisdiction of the chamberlain of London. Parish apprentices are those bound out by guardians of the poor in England. By the Poor Relief Act 16or, overseers of the poor were empowered, with the consent of two justices, to put out poor children as apprentices “where they shall be convenient.” Owing to the disinclination to receive such apprentices it became necessary to make the reception compulsory (1696), but this compulsion to receive them was abolished in 1844. Many statutes have been passed from time to time regulating the apprenticing of parish children, but it is now under the control of the Local Government Board, which issues rules specifying fully the manner in which such children are to be bound, assigned and maintained. AUTHORITIES.-See E. Austin, Law Relating to Apprentices (1890); Addison, On Contracts (1905). For the state of apprenticeship in European countries, and, more particularly in France, see £ ge, enquête et documents (Paris, 1904, Conseil Supérieur du Travail, Ministère du Commerce, de l'Industrie, des Postes et des Télégraphes, session de 1902). See also the literature issued by the National Institution of Apprenticeship, London. (J. S. B.) APPROPRIATION (from Lat. appropriare, to set aside), the act of setting apart and applying to a particular use to the exclusion of all other. In ecclesiastical law, appropriation is the perpetual annexation of an ecclesiastical benefice to the use of some spiritual corporation, either aggregate or sole. In the middle ages in England the custom grew up of the monasteries reserving to their own use the greater part of the tithes of their appropriated benefices, leaving only a small portion to their vicars in the parishes. On the dissolution of the monasteries these “great tithes” were often granted, with the monastic lands, to laymen, whose successors, known as “lay impropriators” or “lay rectors,” still hold them, the system being known as impropriation. Appropriation may be severed and the church become disappropriate, by the presentation of a clerk, properly instituted and inducted, or by the dissolution of the corporation possessing the benefice. In the law of debtor and creditor, appropriation of payments is the application of a particular payment for the purpose of paying a particular debt. When a creditor has two debts due to him from the same debtor on distinct accounts, the general law as to the appropriation of payments made by the debtor is that the debtor is entitled to apply the payments to such account as he thinks fit; solvitur in modum solventis. In default of appropriation by the debtor the creditor is entitled to determine the application of the sums paid, and may appropriate them even to the discharge of debts barred by the Statute of Limitations. In default of appropriation by either debtor or creditor, the law implies an appropriation of the earlier payments to the earlier debts. In constitutional law, appropriation is the assignment of money for aspecial purpose. In the United Kingdom an Appropriation Bill is a bill passed at the end of each session of parliament, enumerating the money grants made during the session, and appropriating the various sums, as voted by committee of supply, to the various purposes for which it is to be applied. The United States constitution (art. I. § 9) says: "No money shall be drawn from the treasury, but in consequence of appropriations made by law.” Bills for appropriating money originate in the House of Representatives, but may be amended in the Senate. APPURTENANCES (from late Lat., appertinentia, from appertinere, to appertain), a legal term for what belongs to and goes with something else, the accessories or things usually conjoined with the substantive matter in question. APRAKSin, THEDOR MATWYEEVICH (1671-1728), Russian soldier, began life as one of the pages of Tsar Theodore III., after whose death he served the little tsar Peter in the same capacity. The playfellowship of the two lads resulted in a lifelong friendship. In his twenty-first year Apraksin was appointed governor of Archangel, then the most important commercially of all the Russian provinces, and built ships capable of weathering storms, to the great delight of the tsar. He won his colonelcy at thesiege of Azov (1696). In 17oo he was appointed chief of the admiralty, in which post (from 1700 to 1706) his unusual technical ability was of great service. While Peter was combating Charles XII., Apraksin was constructing fleets, building fortresses and havens (Taganrog). In 1707 he was transferred to Moscow. In 1708 he was appointed commander-in-chief in Ingria, to defend the new capital against the Swedes, whom he utterly routed, besides capturing Viborg in Carelia. He held the chief command in the Black Sea during the campaign of the Pruth (1711), and in 1713 materially assisted the conquest of Finland by his operations from the side of the sea. In 1719-1720 he personally conducted the descents upon Sweden, ravaging that country mercilessly, and thus extorting the peace of Nystad, whereby she surrendered the best part of her Baltic provinces to Russia. For these great services he was made a senator and admiral-general of the empire. His last expedition was to Reval in 1726, to cover the town from an anticipated attack by the English government, with whom the relations of Russia at the beginning of the reign of Catharine I. were strained almost to breaking-point. Though frequently threatened with terrible penalties by Peter the Great for his incurable vice of peculation, Apraksin, nevertheless, contrived to save his head, though not his pocket, chiefly through the mediation of the good-natured empress, Catharine, who remained his friend to the last, and whom he assisted to place on the throne on the death of Peter. Apraksin was the most genial and kindhearted of all Peter's pupils. He is said to have never made an enemy. He died on the 10th of November 1728. See R. Nisbet Bain, The Pupils of Peter the Great d' #). .N. B.)
APRICOT (from the Lat. praecox, or praecoquus, ripened early, coquere, to cook, or ripen; the English form, formerly “apricock” and “abrecox,” comes through the Fr. abricot, from the Span. albaricoque, which was an adaptation of the Arabic al-burquk, itself a rendering of the late Gr. rpexóxxia or rpauxóxtov, adapted from the Latin; the derivation from in aprico coctus is a mere guess), the fruit of Prunus armeniaca, also called Armeniaca vulgaris. Under the former name it is regarded as a species of the genus to which the plums belong, the latter establishes it as a distinct genus of the natural order Rosaceae. The apricot is, like the plum, a stone fruit, cultivated generally throughout temperate regions, and used chiefly in the form of preserves and in tarts. The tree has long been cultivated in Armenia (hence the name Armeniaca); it is a native of north China and other parts of temperate Asia. It flowers very early in the scason, and is a hardy tree, but the fruit will scarcely ripen in Britain unless the tree is trained against a wall. A great number of varieties of the apricot, as of most cultivated fruits, are distinguishcd by cultivators. The kernels of several varieties are edible, and in Egypt those of the Musch-Musch variety form a considerable article of commerce. The French liqueur Eau de noyaux is prepared from bitter apricot kernels. Large quantities of fruit are imported from France into the United Kingdom.
The apricot is propagated by budding on the mussel or common plum stock. The tree succeeds in good well-drained loamy soil, rather light than heavy. It is usually grown as a wall tree, the east and west aspects being preferred to the south, which induces mealiness in the fruit, though in Scotland the best aspects are necessary. The most usual and best mode of training is the fan method. The fruit is produced on shoots of the preceding year, and on small close spurs formed on the two-year-old wood. The trees should be planted about 20 ft. apart. The summer pruning should begin early in June, at which period all the irregular foreright and useless shoots are pinched off; and, shortly afterwards, those which remain are fastened to the wall. At the winter pruning all branches not duly furnished with spurs and fruit buds are removed. The young bearing shoots are moderately pruned at the points, care being, however, taken to leave a terminal shoot or leader to each branch. The most common error in the pruning of apricots is laying in the bearing shoots too thickly; the branches naturally diverge in fan training, and when they extend so as to be about 15 in. apart, a fresh branch should be laid in, to be again subdivided as required. The blossoms of the apricot open early in spring, but are more hardy than those of the
peach; the same means of protection when necessary may be cmployed for both. If the fruit sets too numerously, it is thinned out in June and in the beginning of July, the later thinnings being used for tarts. In the south of England, where the soil is suitable, the hardier sorts of apricot, as the Breda and Brussels, bear well as standard trees in favourable seasons. In such cases the trees may be planted from 20 to 25 ft. apart. The ripening of the fruit of the apricot is accelerated by culture under glass, the trees being either planted out like peaches or grown in pots on the orchard-house system. They must be very gently excited, since they naturally bloom when the spring temperature is comparatively low. At first a maximum of 40° only must be permitted; after two or three weeks it may be raised to 45°, and later on to 50° and 55°, and thus continued till the trees are in flower, air being freely admitted, and the minimum or night temperature ranging from 40° to 45°. After the fruit is set the temperature should be gradually raised, being kept higher in clear weather than in dull. When the fruit has stoned, the temperature may be raised to 60° or 65° by day and 60° by night; and for ripening off it may be allowed to reach 70° or 80° by sun heat. The Moorpark is one of the best and most usefulsorts in cultivation, and should be planted for all general purposes; the Peach is a very similar variety, not quite identical; and the Hemskerk is also similar, but hardier. The Large Early, which ripens in the end of July and beginning of August, and the Kaisha, a sweet-kernellcd variety, which ripens in the middle of August, are also to be recommended. For standard trees in favourable localities the Breda and Brussels may be added. APRIES ('Arpins), the name by which Herodotus (ii. 161) and Diodorus (i. 68) designate Uchabré', Obad.phs (PharaohHophra), the fourth king (counting from Psammetichus I.) of the twenty-sixth Egyptian dynasty. He reigned from 589 to 570 b.c. See EGYPT and AMASIs. APRIL, the second month of the ancient Roman, and the fourth of the modern calendar, containing thirty days. The derivation of the name is uncertain. The traditional etymology from Lat. apcrire, “to open,” in allusion to its being the season when trees and flowers begin to “open,” is supported by comparison with the modern Greek use of āvoús (opening) for spring. This seems very possible, though, as all the Roman months were named in honour of divinities, and as April was sacred to Venus, the Festum Veneris cl Fortunae Virilis being held on the first day, it has been suggested that Aprilis was originally her month Aphrilis, from her Greek name Aphrodite. Jacob Grimm suggests the name of a hypothetical god or hero, Aper or Aprus. On the fourth and the five following days, games (Ludi Megalenses) were celebrated in honour of Cybele; on the fifth there was the Festum Fortunae Publicae; on the tenth (?) games in the circus, and on the nineteenth equestrian combats, in honour of Ceres; on the twenty-first-which was regarded as the birthday of Rome—the Vinalia urbana, when the wine of the previous autumn was first tasted; on the twentyfifth, the Robigalia, for the averting of mildew; and on the twenty-eighth and four following days, the riotous Floralia. The Anglo-Saxons called April Oster-monath or Eostur-monath, the period sacred to Eostre or Ostara, the pagan Saxon goddess of spring, from whose name is derived the modern Easter. St George's day is the twenty-third of the month; and St Mark's Eve, with its superstition that the ghosts of those who are doomed to die within the year will be seen to pass into the church, falls on the twenty-fourth. In China the symbolical ploughing of the earth by the emperor and princes of the blood takes place in their third month, which frequently corresponds to our April; and in Japan the feast of Dolls is celebrated in the same month. The “days of April" (journées d'avril) is a name appropriated in French history to a series of insurrections at Lyons, Paris and elsewhere, against the government of Louis Philippe in 1834, which led to violent repressive measures, and to a famous trial known as the procès d'uvril. See Chambers's Book of Days: Grimm's Geschichte der dentschen Sprache, Cap. “Monate”; also APRIL-Fools DAY.