Chapter VIII: Act 1848: ), abolished by the Criminal Appeal Act 1907, questions of law (3)

The tree will thrive in any good well-drained soil, the best being a good mellow calcareous loam, while the less iron there is in the subsoil the better. The addition of marl to soils that are not naturally calcareous very much improves them. The trees are liable to canker in undrained soils or those of a hot sandy nature. Where the soil is not naturally rich enough, it should be well manured, but not to the extent of encouraging over-luxuriance. It is better to apply manure in the form of a compost than to use it in a fresh state or unmixed.

To form an orchard, standard trees should be planted at from 25 to 40 ft. between the rows, according to the fertility of the soil and other considerations. The trees should be selected with clean, straight, self-supporting stems, and the head should be shapely and symmetrical, with the main branches well balanced. In order to obtain such a stem, all the leaves on the first shoot from the graft or bud should be encouraged to grow, and in the second season the terminal bud should be allowed to develop a further leading shoot, while the lateral shoots should be allowed to grow, but so that they do not compete with the leader, on which the growth of leaves should be encouraged in order that they may give additional strength to the stem below them. The side shoots should be removed gradually, so that the diminution of foliage in this direction may not exceed the increase made by the new branches and shoots of the upper portion. Dwarf pyramids, which occupy less space than open dwarfs, if not allowed to grow tall, may be planted at from 10 to 12 ft. apart. Dwarf bush trees may be planted from 10 to 15 ft. apart, according to the variety and the soil. Dwarf bushes on the Paradise stock are both ornamental and useful in small gardens, the trees being always conveniently under control. These bush trees, which must be on the proper stock--the French Paradise--may be planted at first 6 ft. apart, with the same distance between the rows, the space being afterwards increased, if desired, to 12 ft. apart, by removing every alternate row.

"Cordons" are trees trained to a single shoot, the laterals of which are kept spurred. They are usually trained horizontally, at about 1-1/2 ft. from the ground, and may consist of one stem or of two, the stems in the latter case being trained in opposite directions. In cold districts the finer sorts of apples may be grown against walls as upright or oblique cordons. From these cordon trees very fine fruit may often be obtained. The apple may also be grown as an espalier tree, a form which does not require much lateral space. The ordinary trained trees for espaliers and walls should be planted 20 ft. apart.

The fruit of the apple is produced on spurs which form on the branchlets of two years old and upwards, and continue fertile for a series of years. The principal pruning should be performed in summer, the young shoots if crowded being thinned out, and the superabundant laterals shortened by breaking them half through. The general winter pruning of the trees may take place any time from the beginning of November to the beginning of March, in open weather. The trees are rather subject to the attacks of the American blight, the white cottony substance found on the bark and developed by an insect (_Eriosoma, mali_), somewhat similar to the green-fly of the garden, but not a true aphis. It may be removed by scrubbing with a hard brush, by painting the affected spots with any bland oil, or by washing them with dilute paraffin and soft soap.

The apple-blossom weevil (_Anthonomus pomorum_), a small reddish-brown beetle, often causes serious damage to the flowers. The female bores and lays an egg in the unopened bud, and the maggot feeds on the stamens and pistil. The weevil hibernates in the crannies of the bark or in the soil at the base of the trees, and bandages of tarred doth placed round the stem in spring will prevent the female from crawling up.

The codlin moth (_Carpocapsa pomonana_) lays its eggs in May in the calyx of the flowers. The young caterpillar, which is white with black head and neck, gnaws its way through the fruit, and pierces the rind. When nearly full grown it attacks the core, and the fruit soon drops. The insect emerges and spins its cocoon in a crack of the bark.

To check this disease the apples which fall before ripening should be promptly removed. A loosely made hay-band twisted round the stem about a foot from the ground is of use. The grubs will generally choose the bands in which to make their cocoon; at the end of the season the bands are collected and burned.

The following are a few of the most approved varieties of the apple tree, arranged in order of their ripening, with the months in which they are in use:--

Dessert Apples.

White Juneating. . . . . . . . . . July
Early Red Margaret. . . . . . . . . Aug.
Irish Peach . . . . . . . . . . . Aug.
Devonshire Quarrenden. . . . . . . . Aug., Sept.
Duchess of Oldenburg . . . . . . . . Aug., Sept.
Red Astrachan . . . . . . . . . . Sept.
Kerry Pippin. . . . . . . . . . . Sept., Oct.
Peasgood's Nonesuch . . . . . . . . Sept.-Nov.
Sam Young. . . . . . . . . . . . Oct.-Dec.
King of the Pippins . . . . . . . . Oct.-Jan.
Cox's Orange Pippin . . . . . . . . Oct.-Feb.
Court of Wick . . . . . . . . . . Oct.-Mar.
Blenheim Pippin. . . . . . . . . . Nov.-Feb.
Sykehouse Russet . . . . . . . . . Nov.-Feb.
Fearn's Pippin . . . . . . . . . . Nov.-Mar.
Mannington's Pearmain. . . . . . . . Nov.-Mar.
Margil. . . . . . . . . . . . . Nov.-Mar.
Ribston Pippin . . . . . . . . . . Nov.-Mar.
Golden Pippin . . . . . . . . . . Nov.-Jan.
Reinette de Canada. . . . . . . . . Nov.-Apr.
Ashmead's Kernel . . . . . . . . . Nov.-Apr.
White Winter Calville (grown under glass) . Dec.-Mar.
Braddick's Nonpareil . . . . . . . . Dec.-Apr.
Court-pendu Plat . . . . . . . . . Dec.-Apr.
Northern Spy. . . . . . . . . . . Dec.-May
Cornish Gilliflower . . . . . . . . Dec.-May
Scarlet Nonpareil . . . . . . . . . Jan.-Mar.
Cockle's Pippin. . . . . . . . . . Jan.-Apr.
Lamb Abbey Pearmain . . . . . . . . Jan.-May
Old Nonpareil . . . . . . . . . . Jan.-May
Duke of Devonshire. . . . . . . . . Feb.-May
Sturmer Pippin . . . . . . . . . . Feb.-June

Kitchen Apples.

Keswick Codlin . . . . . . . . . . Aug.-Sept.
Lord Suffield . . . . . . . . . . Aug.-Sept.
Manks Codlin. . . . . . . . . . . Aug.-Oct.
Ecklinville Seedling . . . . . . . . Aug.-Nov.
Stirling Castle. . . . . . . . . . Aug.-Nov.
New Hawthornden. . . . . . . . . . Sept.-Oct.
Stone's Seedling . . . . . . . . . Sept.-Nov.
Emperor Alexander . . . . . . . . . Sept.-Dec.
Waltham Abbey Seedling . . . . . . . Sept.-Jan.
Cellini . . . . . . . . . . . . Oct., Nov.
Gravenstein . . . . . . . . . . . Oct.-Dec.
Hawthornden . . . . . . . . . . . Oct.-Dec.
Baumann's Red Winter Reinette . . . . . Nov.-Mar.
Mere de Menage . . . . . . . . . . Oct.-Mar.
Beauty of Kent . . . . . . . . . . Oct.-Feb.
Yorkshire Greening. . . . . . . . . Oct.-Feb.
Gloria Mundi. . . . . . . . . . . Nov.-Jan.
Blenheim Pippin. . . . . . . . . . Nov.-Feb.
Tower of Glammis . . . . . . . . . Nov.-Feb.
Warner's King . . . . . . . . . . Nov.-Mar.
Alfriston. . . . . . . . . . . . Nov.-Apr.
Northern Greening . . . . . . . . . Nov.-Apr.
Reinette de Canada. . . . . . . . . Nov.-Apr.
Bess Pool. . . . . . . . . . . . Nov.-May
Winter Queening. . . . . . . . . . Nov.-May
Lane's Prince Albert . . . . . . . . Oct.-May
Norfolk Beaufin. . . . . . . . . . Nov.-July

Apples for table use should have a sweet juicy pulp and rich aromatic flavour, while those suitable for cooking should possess the property of forming a uniform soft pulpy mass when boiled or baked. In their uncooked state they are not very digestible, but when cooked they form a very safe and useful food, exercising a gentle laxative influence.

According to Hutchison their composition is as follows:--

+-------+-------+---------+--------+--------+------+--------+------+
| |Water. | Proteid.| Ether | Carbo- | Ash. | Cellu- |Acids.|
| | | |Extract.|hydrate.| | lose. | |
| +-------+---------+--------|--------|------+--------+------+
| Fresh | 82.5 | 0.4 | 0.5 | 12.5 | 0.4 | 2.7 | 1.0 |
| Dried | 36.2 | 1.4 | 3.0 | 49.1 | 1.8 | 4.9 | 3.6 |
+-------+-------+---------+--------+--------+------+--------+------+

Many exotic fruits, having nothing in common with the apple; are known by that name, e.g. the Balsam apple, _Momordica Balsamina_; the custard apple (q.v.), _Anona reticulata_; the egg apple, _Solanum esculentum_; the rose apple, various species of _Eugenia_; the pineapple (q.v.), _Ananas sativus_; the star apple, _Chrysophyllum Cainito_; and the apples of Sodom, _Solanum sodomeum_. (A. B. R.)

APPLEBY, a market town and municipal borough, and the county town of Westmorland, England, in the Appleby parliamentary division, 276 m. N.N.W. from London, on the Midland and a branch of the North Eastern railways. Pop. (1901) 1764. It is picturesquely placed in the valley of the Eden, which is richly wooded, and flanked on the north-east by spurs of Milburn Forest and Dufton and other fells, which rise up to 2600 ft. On a hill above the town stands the castle, retaining a fine Norman keep and surrounded by a double moat, now partly laid out as gardens. The remainder of the castle was rebuilt as a mansion in the 17th century. It was held for the royalists in the civil wars by Sir Philip Musgrave, and was the residence of Anne, countess of Pembroke, the last of the family of Clifford, which had great estates in this part of England. St Ann's hospital for thirteen poor women (1654) was of her foundation. The grammar school (1453) was refounded by Queen Elizabeth. The modern incorporation dates from 1885, with a mayor, four aldermen and twelve councillors. Area, 1876 acres.

Appleby is not mentioned in any Saxon records, but after the Conquest it rose to importance as the head of the barony of Appleby which extended over the eastern portion of the present county of Westmorland. This barony formed part of the province of Carlisle granted by Henry I. to Ranulf Meschin, who erected the castle at Appleby and made it his place of residence. Appleby is a borough by prescription, and the old charter of incorporation, granted in the first year of James II., was very shortly abandoned. In 1292 we find the mayor and commonalty claiming the right to elect a coroner and to have tolls of markets and fairs. In 1685 the governing body comprised a mayor, aldermen, a town clerk, burgesses of the common council, a coroner and subordinate officers. An undated charter from Henry II. conceding to the burgesses the customs of York, Was confirmed in 1 John, 16 Henry III., 14 Edward I., and 5 Edward III. John granted the borough to the burgesses for a fee-farm rent. The impoverishment caused by the Scottish raids led to its seizure by Edward II. for arrears of payment, but Edward III. restored it on the same terms as before. Henry VIII. reduced the fee-farm rent from 20 marks to 2 marks, after an inquisition which found that Appleby was burnt by the Scots in 1388 and that part of it still lay in ruins. The town, however, never seems to have regained its prosperity, and 16th and 17th century writers speak of it as a poor and insignificant village. Appleby returned two members to parliament from 1295 until disfranchised by the Reform Act of 1832. The market and the St Lawrence fair are held by prescription. James I. granted an additional fair on the second Thursday in April. In the early 18th century Appleby was celebrated for the best corn-market in the country.

See _Victoria County History, Westmorland_; W. Hewitson, _Appleby
Charters_ (Cumberl. and Westm. Antiq. and Archaeol. Soc.,
Transactions, xi. 279-285; Kendal, 1891).

APPLETON, NATHAN (1770-1861) American merchant and politician, was born in New Ipswich, New Hampshire, on the 6th of October 1779. He was educated in the New Ipswich Academy, and in 1794 entered mercantile life in Boston, in the employment of his brother, Samuel (1766-1853), a successful and benevolent man of business, with whom he was in partnership 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, THOMAS GOLD APPLETON (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).

See the memoir of Nathan Appleton by Robert C. Winthrop (Boston,
1861); and Susan Hale's _Life and Letters of Thomas Gold Appleton_
(New York, 1885).

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