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APPORTIONMENT (Fr. apportionement; Me...
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See also:APPORTIONMENT (Fr. apportionement; Med. See also:Lat. apportionamentum; derived from Lat. portio, See also:share) , See also:distribution or See also:allotment in proper shares; a See also:term used in See also: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. See also:salvage or See also:damages under the Fatal Accidents See also:Act 1846, § 2), or liability (e.g. See also:general See also:average contributions, or tithe See also:rent-See also:charge), or the incidence of a See also:duty (e.g. obligations as to the See also:maintenance of highways). (2) In its strict legal See also:interpretation apportionment falls into two classes, " apportionment in respect of See also:estate " and " apportionment in respect of See also: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 See also:possession of See also:part of the See also:property leased to him, he becomes liable at See also:common law to pay only a rent apportioned to the value of the See also:interest which he still retains. So where the See also: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 See also:bound, however, by an apportionment of rent made upon the See also: 170, § q; See also: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 subject-See also:matter, or by the " act of See also:God " (as, for instance, where part of an estate is submerged by the encroachments of the See also:sea). To the same See also:category belongs the apportionment of rent which takes See also:place under various statutes (e.g. the Lands Clauses Consolidation Act 1845, § 119, when See also:land is required for public purposes; the Agricultural Holdings Act 1883, § 41, in the See also:case of a See also:tenant from See also:year to year receiving See also:notice to quit part of a holding; and the Irish Land At 19(33, § 61, apportionment of quit and See also: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 See also:Distress for Rent Act 1737, and the Apportionment Act 1834, and is pow allowed generally under the Apportionment Act 187o. Under that statute (§ 2) all rents, annuities, dividends and other periodical payments in the nature of-income are to be considered as accruing from See also: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 recover-able in the case of a continuing See also:payment, when the entire portion of which it forms part itself becomes payable, and, in the case of a payment determined by re-entry, See also: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 See also: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 See also:instrument in See also:writing (§ 2), but not to See also:annual sums made payable in policies of See also:insurance (§ 6). Apportionment under the act can be excluded by See also: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 See also:dates fixed for payment the lessor or lessee See also: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 See also:remainder-See also:man when the limited interest
(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 See also:bankruptcy of an See also:ordinary tenant, may prove for a proportionate part of the rent up to the date of the receiving See also:order (Bankruptcy Act 1883, Sched. ii. r. 19) ; and that a similar See also:rule holds See also:good in the winding up of a See also:company (in re See also:South See also: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 See also: Ontario, Rev. Stats., 1897, C. 170, §§ 4-8; New See also:Zealand, No. 4 of 1886; See also:Tasmania, No. 8 of 1871; Barbados, No. 12 of 1891, §§ 9-12). Similar legislation has been adopted in many of the states of the See also:American See also:Union, where, as in England, rent was not, at common law, apportionable as to time (See also:Kent, See also:Comm. iii. 469-472). An equitable apportionment, apart from statute law, arises where property is bequeathed on See also:trust to pay the income to a tenant for See also:life and the reversion to others, and the realization of the property in the See also: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 See also: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 See also:receipt the sum actually received. The sum so ascertained should be treated as capital and the See also:residue as income. (In re See also:Earl of See also:Chesterfield's See also: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 See also:text, see See also:Stroud, See also:Jud. Dict. (2nd ed., See also:London, 1903), S.V. " Apportion "; See also:Bouvier, Law Did. (London and See also:Boston, 1897), S.V. " Apportionment "; Ruling Cases (London, 1895), tit. " Apportionment "; See also:Fawcett, Landlord and Tenant (London, 1905), pp. 238 et seq.; Foa, Landlord and Tenant (3rd ed., London, 1901), pp.. 112 et seq. (A. W. Additional information and CommentsThere are no comments yet for this article.
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