Apportionment

A division into shares, portions or proportions; distribution into proportionate parts. Division of a fund, or property, or other subject-matter, in shares proportioned to different demands, or appropriate to satisfy rival claims.* Whence non-apportionable, unapportionable. Thus, we have the apportionment — of an annuity to a part of the year; of a contract, not entire, to the part performed; of dividends, or money, in stocks;' of sums payable toward the support or removal of an incumbrance; of freight earned previoiisly to a disaster to an abandoned ship;* of loss and damage caused by a collision of vessels, both parties being in fault; » of rent, where the leasehold or reversion is transferred, partitioned, levied on for debt, or setr off in dower, or where there are several assignees, or the premises become untenantable; i" of Representatives, decennially, according to the increase of population;" of corporate shares, when more have been subscribed for than the charter allows to be issued."'

1 Brandies v. Cochrane, 112 U. S. 352 (1884), cases; Sewale v. Wilmer, 132 Mass. 134-35 (1882), cases. 2 See 3 Kent, 843; In^aham v. Meade, 3 Wall. Jr. 40 (1855). » Sugden, Powers, 489; 4 Kent, 342. < 2 Bl. Com. 376. »4 Kent, 324; 2 Stoiy, Eq. §§ 1061-63; 2 Washb. B. P. 317-22, 298, 337. ' Abbott's Law Diet. ' 3 Kent, 470. 8 3 Kent, 333. » 93 U. S. 302; 10 Bened. 658. 1" 3 Kent, 469-71. St. L. 5.

At common law periodical payments, due at set times, were not apportionable.^ Guilt and negligence are unapportionable.

See Contribution.