APPORTIONMENT. The division or distribution of a subject-matter in proportion ate parts. Coke, Litt. 147 ; 1 Swanst. Ch. 37, n.; 1 Story, Eq. Jur. 475 a.
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.
Where the contract is to do an entire thing for a certain specified compensation, there can be no apportionment. 2 Parsons, Contr. 33 ; 3 Kent. Comm. 471. When no compensation is specified, it is said the contract is appor tionable. 2 Barnew. & Ad. 882; 14 Wend, N. Y. 257; 25 Penn. St. 382.
Annuities, at common law, are not appor tionable ; but by statute 11 Geo. II. some classes have been made so. 2 P. Will. 501; 3 Atk. 260 ; 2 W. Blackst. 843; 17 Serg. & R. Penn. 173; 3 Kent, Comm. 471.
Wages are not apportionable where the hiring takes place for a definite period. 6 Term, 320 ; 5 Bos. & P. 651; 11 Q. B. 755 ; 2 Pick. Mass. 267; 19 id. 528 ; 2 Mass. 147; 4 Mete. Mass. 465; 12 id. 286; 34 Me. 102 ; 8 Cow. N.Y. 63 ; 13 Johns. N. Y. 365 ; 14 Wend. N. Y. 257 ; 12 Vt. 49 ; 13 id. 268 ; 17 id. 355 ; 1" Incl. 257; 19 Ala. N. s. 54. See 2 Pick. Mass. 332 ; 23 id. 492 ; 17 Me. 38; 11 Vt. 273 ; 7 Hill, N. Y. 110; 3 Den. N. Y. 175.
Of Incumbrances. Determining the amounts which each of several parties inte rested in an estate shall pay towards the re moval or in support of the burden of an in cumbrance.
As between a tenant for life and the re mainder man, the tenant's share is limited to keeping down the interest ; if, then, the principal is paid, the tenant for life must pay a gross sum equivalent to the amount of all the interest he would pay, making a proper estimate of his chances of life. 1 Washburn, Real Prop. 96, 534 ; 1 Story, Eq. Jur. 487. See 2 Dev. & B. Eq. No. C. 179 ; 5 Johns. Ch. N. Y. 482 ; 10 Paige, Ch. N. Y. 71, 158 ; 13 Pick. Mass. 158.
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 regular in tervals for the payment of rent.
An apportionment of rent follows upon every transfer of a part of the reversion, 17 Mass. 439 ; 22 Wend. N. Y. 121; 22 Penn. St. 144 ; see 18 N. Y. 529; or where there are several assignees, as in case of a descent to several heirs, 3 Watts, Penn. 394; 13 Ill. 25 ; 25 Wend. N. Y. 456; 10 Coke, 128 ; Comyn, Land. & Ten. 422, where a levy for debt is made on a part of the reversion, or is set off to a widow for dower, 1 Rolle, Abr. 237 ; but whoever owns at the time the rent falls due is entitled to the whole. 7 Md. 368 ; 3 Mete. Mass. 76; 1 Washburn, Real Prop. 98, 337. See Williams, Ex. 709.
Rent is not, at common law, apportionable as to time. Smith, Land. & Ten. 134 ; Taylor, Land. & Ten. N 384-387; 3 Kent. Comm. 470; 5 Watts & S. Penn. 432 ; 13 N. H. 343 ; 3 Bradf. Surr. N. Y. 359. It is apportionable by statute 11 Geo. II. c. 19, p 15; and similar statutes have been adopted in this country to some extent, 1 Washburn, Real Prop. 98; 13 N. H. 343 ; 14 Mass. 94 ; 1 Hill, Abr. c. 16, 50.
Consult 1 Washburn, Real Prop. 98, 337 ; 3 Kent, Comm. 469, 470; 2 Parsons, Contr. 33 ; 1 Story, Eq. Jur. 475 a; Williams, Exe cutors, 709 ; Taylor, Land. & Ten. 384-387 ; 2 Bouvier, Inst. n. 1675.
Of Representatives. Representatives and direct taxes shall be apportioned among the several states, which may be included within this union, according'to their respective num bers, which shall be determined by adding to the whole number of free persons, including those hound to service for a term of years, and excluding Indians not taxed, three-fifths of all other persons. The actual enumeration shall be made within three years after the first meeting of the congress of the United States, and within every subsequent term of ten years, in such manner as they shall by law direct.