Page:EB1911 - Volume 02.djvu/237

 from 1800 to 1809. He co-operated with Francis C. Lowell and others in introducing the power-loom and the manufacture of cotton on a large scale into the United States, a factory being established at Waltham, Massachusetts, in 1814, and another in 1822 at Lowell, Massachusetts, of which city he was one of the founders. He was a member of the general court of Massachusetts in 1816, 1821, 1822, 1824 and 1827, and in 1831–1833 and 1842 of the national House of Representatives, in which he was prominent as an advocate of protective duties. He died in Boston on the 14th of July 1861.

His son, (1812–1884), who graduated at Harvard in 1831, had some reputation as a writer, an artist and a patron of the fine arts, but was better known for his witticisms, one of which, the oft-quoted “Good Americans, when they die, go to Paris,” is sometimes attributed to Oliver Wendell Holmes. He published some poems and, in prose, Nile Journal (1876), Syrian Sunshine (1877), Windfalls (1878), and Chequer-Work (1879).

APPLETON, a city and the county-seat of Outagamie county, Wisconsin, U.S.A., on the lower Fox river, about 90 m. N. of Milwaukee. Pop. (1890) 11,869; (1900) 15,085, of whom 3605 were foreign-born; (1910, census) 16,773. It is served by the Chicago & North-Western, and the Chicago, Milwaukee & St Paul railways, and by steamboats on the Fox river, by means of which it meets lake transportation at De Pere and Green Bay. Appleton was one of the first cities in the United States to have an electric street railway line in operation; and electric street railways now traverse the entire Fox river valley as far as Fond du Lac on the south and Green Bay on the north. The city is attractively laid out on high bluffs above the river. It has several beautiful parks, two hospitals, a number of fine churches and school buildings, and a public library. The city is the seat of Lawrence college (changed from university in 1908), an interdenominational (originally a Methodist Episcopal) co-educational institution, founded in 1847 as the Lawrence Institute of Wisconsin and named in honour of Amos Adams Lawrence (1814–1886) of Boston, son of Amos Lawrence, and giver of $10,000 for the founding of the Institute. The college comprises an academy, a college of liberal arts, a school of expression, a school of commerce, schools of music and of art, and a school of correspondence; and in 1907–1908 had 33 instructors, 575 students and a library of 24,400 volumes. The Fox river furnishes about 10,000 h.p., which is largely utilized for the manufacture of paper (of which Appleton is one of the largest producers in the United States), wood-pulp, sulphite fibre, machinery, wire screens, woollen goods, knit goods, furniture, dyes and flour. The total value of factory products in 1905 was $6,672,457, an increase of 72.8% over the product value of 1900. Appleton was first permanently settled in 1833, and was named in honour of Samuel Appleton of Massachusetts, who owned part of the original town plot. It was incorporated as a village in 1853, and received in 1857 a city charter, which was revised in 1887 and in 1905. APPOGGIATURA (from Ital. appoggiare, to lean upon), a musical term for a melodic ornament, a grace-note prefixed to a principal note and printed in small character. The effect is to suspend the principal note, by taking away the time-value of the appoggiatura prefixed to it. There are two kinds, the long appoggiatura, now usually printed as played, and the short, where the suspension of the principal note is scarcely perceptible; this is often called acciatura, a word properly applied to an ornament now obsolete, in which a principal note in a melody is struck together with the note immediately below, the lower note being at once released and the other held on. APPOINTMENT, POWER OF, in English law, an authority reserved by or limited to a person, to dispose, either wholly or partially, of real or personal property, either for his own benefit or for that of others. Thus if A settle property upon trustees to such uses as B shall by deed or will appoint and in default of and until such appointment to the use of C and his heirs, B, though he has no interest in the property, can at any time appoint the property to any one he pleases, including himself, and C’s interest which has hitherto been vested in him will be divested. In the above case A is said to be the donor, B the donee, and the persons in whose favour the appointment is exercised are called the appointees. Such powers are either general or limited. A general power is one which the appointor may exercise in favour of any person he pleases. It is obvious that such a power is very nearly equivalent to ownership, and consequently property which is the subject of a general power has been made to share the liabilities of ownership. By the Judgments Act 1838 all hereditaments over which a judgment debtor has such a power may be seized by the sheriff under a writ of elegit, and by the Bankruptcy Act 1883 similar property will vest in the trustees of a bankrupt. By the Finance Act 1894 property of which the deceased had a general power of appointment is subject to the payment of estate duty, even though the power has not been exercised. A limited power is one which can only be exercised in favour of certain specified persons or classes; such a power is frequently inserted in marriage settlements in which after life estates to the husband and wife a power is given to appoint among the children of the marriage. In such a case no appointment to any one but children of the marriage is valid. Formerly it was held that the intention of the donor of such a power was that each of the class which are the objects of the power should take some part of the fund, and from this arose the equitable doctrine of illusory appointments, by which the courts of equity set aside an appointment which was good at law on the ground that a merely nominal share had been appointed to one of the objects. The great difficulty of deciding what was a nominal or illusory share caused the passing of the Illusory Appointments Act of 1830, whereby it was enacted that no appointment should be set aside merely on the ground that a share appointed was illusory. It was still necessary, however, that some share should be appointed to each object, and consequently it was possible in the popular phrase to be “cut off with a shilling,” but now by the Powers Amendment Act 1874 the appointor is no longer obliged to appoint a share to each object of the power.

It is a general rule that every circumstance required by the instrument creating the power to accompany the execution of it must be strictly observed. Thus it might be required that the appointment should be by an instrument witnessed by four witnesses, or that the consent in writing of some third party should be signified. The general rule, however, has been modified both by statute and by the rules of equity. By the Wills Act 1837 a will made pursuant to the requirements of that statute shall be a valid execution of a power of appointment by will, notwithstanding that some additional form or solemnity shall have been required by the instrument creating the power, and by the Wills Act 1861 a will made out of the United Kingdom by a British subject according to the forms required by the law of the place where the will was made shall, as regards personal estate, be held to be well executed and admitted to probate; consequently it has been held that an appointment made by such a will is a valid exercise of the power. As regards appointments by deed the Law of Property Amendment Act 1859 enacts that a deed attested by two witnesses shall, so far as execution and attestation go, be a valid exercise of a power to appoint by deed. The courts of equity also will interfere in some cases of defective execution in order to carry out the intentions of the settlor. The principle upon which the court acts is obscure, but the rule has been thus stated:&mdash;“Whenever a man having power over an estate, whether ownership or not, in discharge of moral or natural relations, shows an intention to execute such power, the court will operate upon the conscience of the heir (or of the persons entitled in default) to make him perfect this intention.” Equity, however, only relieves against defects not of the essence of the power, such as the absence of seal or execution by will instead of deed, but where the defect is of the essence of the power, as where a consent is not obtained, equity will not assist,