apportionment

The division or distribution of a subject-matter in proportionate parts. Co. Litt. 147; 1 Swanst. 37, note; 1 Story, Eq. Jur. 475a. Of Contracts. The allowance, in case of the partial performance of a contract, of a proportionate part of what the party would have received as a recompense for the entire performance of the contract. Of Incumbrances. Determining the amounts which each of several parties interested in an estate shall pay towards the removal or in support of the burden of an incumbrance. Of Rent. The allotment of their shares in a rent to each of several parties owning it. The determination of the amount of rent to be paid when the tenancy is terminated at some period other than one of the reg^ular intervals for the payment of rent. Of Corporate Shares. The distribution pro rata among the shareholders when there has been an oversubscription. Of an Annuity. Pro rata allowance for part of a year; not allowed at common law, but allowed as to some classes by 11 Geo. II. Of Representatives. The fixing of the number of representatives in congress allowed to each state, made on the basis of

A dividing or making into parts; a distribution according to a certain proportion; the distribution of a claim or charge among persons having different interests or shares, in proportion to their interests or shares in the subject-matter to which it attaphes. The term is applied to annuities, commons, contracts, incumbrances, loss and damage caused by collision of vessels, rents, representatives in congress, etc.

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.

[L. Lat. apporthmamentum.] In the law of contracts. A dividing, or making into parts. Co. Litt. 147 b. A distribution according to a certain proportion.* The distribution of a claim or charge among persons having different interests or shares, in proportion to their interests* or shares in the subject matter to which it attaches. 1 Story's Equity Jur, § 475 a, note. A term applied to rents, common, and other incorporeal hereditaments. See infra. Apportionmbnt op rent. ^The dividing of a rent mtp parts, consequent upon the divitton of the land out of which it issues, ^ 11 either by grant, devise, descent or recovery; the apportionment being made according to the number and proportion of the parties among whom the land is divided, and according to the value of the land.* Termes de la ley. Cowell. Brande. Thus, where the owner of the reversion sells part of the demised premises, the rent shall be apportioned; the tenant paying part to the original owner, and the residue to the grantee, according to the proportion of their interests in the premises. 3 Kent's Com, 469, 470. 1 Crabb's Real Prop. 214, § 210. So, in the case of the division of lands by devise or descent. Id. ibid. 3 Kent's Com. 469, 471. So, where part of the land is recovered by a person having a title paramount to that of the lessor, the rent must be apportioned, and so much of it only shall be payable to the lessor, as corresponds with the value of what is still held by the tenant under him. 2 Steph. Com. 29. 1 Crabb's Real Prop, 216, § 210. Rent may also be directly apportioned, by granting part of it to one person, and part to another. 3 Kent's Com. 469. And it may be apportioned in respect to time. Id. 470. 1 Hilliard's Real Prop. 244. See 1 Story's Equity Jur. § 476, et seq. Apportionment op common. The division of the right of common, consequent upon the division of the land to which it is incident.* Thus, if a man seised of forty acres of land, to which comnaon of pasture is appurtenant, alienes five acres of it to another, the alienee will be entitled to common pro tanto, that is, for all his commonable cattle levant and couchant on the five acres. 8 Co. 78 b. 4 Id. 37. 2 Steph. Com. 30. 3 Kent's Com. 406. 1 Crabb's Beal Prop. 300, §§ 333, 334.