Of Incumbrances. The ascertainment of 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.
As between a tenant for life and the re mainderman, the tenant's share is limited to keeping down the interest ; but not be yond the amount of rent accruing ; Doane's Ex'r v. Doane, 46 Vt. 485 ; 31 E. L. & E. 345; if 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 Washb. R. P. (5th ed.) *96 ; 1 Story, Eq. Jur. (13th ed.) § 487. See Jones v. Sher rard, 22 N. C. 179; Swaine v. Perin, 5 Johns. Ch. (N. Y.) 482, 9 Am. Dec. 318 ; Houghton v. Hapgood, 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 regu lar intervals for the payment of rent.
An apportionment of rent follows upon ev ery transfer of a part of the reversion; Mon tague v. Gay, 17 Mass. 439 ; Nellis v. Lath rop, 22 Wend. (N. Y.) 121, 34 Am. Dec. 285; Reed v. Ward, 22 Pa. 144; see Blair v. Clax• ton, 18 N. Y. 529; or where there are sev eral assignees, as in case of a descent to several heirs ; Bank of Pennsylvania v. Wise, 3 Watts (Pa.) 394 ; Crosby v. Loop, 13 Ill. 625; Cole v. Patterson, 25 Wend. (N. Y.) 458; 10 Coke 128; Comyn, Lend. & Ten. 422; where a levy for debt is made on a part of the reversion, or it 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 ; Martin v. Martin, 7 Md. 368, 61 Am. Dec. 364; Burden of Thayer, 3 Mete. (Mass.) 76, 37 Am. Dec. 117. See Williams, Ex. (7th Am. ed.) *730. If a tenancy at will is terminated between two rent days by a conveyance of the premises from the land lord to a third person, the tenant is not lia ble and the rent cannot be apportioned; Em mes v. Feeley, 132 Mass. 346.
Rent is not, at common law, apportion able as to time; Smith, Laud. & T. 134; S Kent 470; Menough's Appeal, 5 W. & S. (Pa.) 432; Perry v. Aldrich, 13 N. H. 343, n Am. Dec. 493 ; Stilwell v. Doughty, 3 Bradt Surr. (N. Y.) •359. It is apportionable by statute 11 Geo. II. c. 19, § 15 ; and similar statutes have been adopted in this country to some extent ; 2 Washb. R. P. (5th ed.) *289; Perry v. Aldrich, 13 N. H. 343, 38 Am. Dec. 493; v. Jenkins, 14 Mass. 94; 1 Hill, Abr. c. 16, § 50. In the absence of express statute or agreement, it is not; Dexter v. Phillips, 121 Mass. 178, 23 Aim Rep. 261. See LANDLORD AND TENANT. As to apportionment of dividends on stock as between life tenant and remainderman, see DIVIDEND.
Of Representatives. Representatives shall be apportioned among the several states ac cording to their respective numbers, count ing the whole number of persons in each state, excluding Indians not taxed. But when the right to vote at any election for the choice of electors for.president and vice president of the United States, representa tives in congress, the executive and judicial officers of a state, or the members of the leg islature thereof, is denied to any of the male inhabitants of such state, being twenty-one years of age, and citizens of the United States, or in any way abridged, except for participation in rebellion, or • other crime, the basis of representation therein shall be reduced to the proportion which the number of such male citizens shall bear to the whole number of male citizens twenty-one years of age in such state; Art. 14, § 2, U. S. Const.; Story, Const. 1963.
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. The number of representatives shall not ex ceed one for every 30,000; but each state shall have at least one representative; U. S. Const. Art. 1, § 2.
The Revised Statutes of the United States provide that from and after March 3, 1893, the house of representatives shall be com posed of 356 members, and provide the num ber to which each state is entitled. Upon the admission of a new state, the representa tives to be assigned to it are in addition to the above 356.
The first house of representatives consisted of 65 members, or one for every 30,000 of the represent ative population. By the census of 179D, it con sisted of 106 representatives, or one for every 33,000; by the census of 1800, 142 representatives, or one for every 33,000; by the census of 1810, 183 repre sentatives, or one for every 35,000; by the census of 1820, 213 representatives, one for every 40,000; by the census of 1830, 242 representatives, or one for every 47,700; by the census of 1840, 223 representa tives, or one for every 70,680; by the census of 1850, and under the act of May 23, 1850, the number of representatives was increased to 233, or one for every 93,423 of the representative population. Under the census of 1860, the ratio was ascertained to be for 124,183, upon the basis of 233 members ; but by the act of 4th March, 1862, the number 'of repre sentatives was increased to 241. This, by the act of 1872, Feb. 2, Rev. Stat. U. S. 1878, II 20, 21, was increased to 292 members, and by act of 1891, Feb. 7, the number was increased to 356. By act of Jan. 16, 1901, the number was increased to 386; and by Act of August 8, 1911, to 433.
See REPRESENTATIVE.