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Home » Law Dictionary » A » APPORTIONMENT

APPORTIONMENT

TheLaw.com Law Dictionary & Black's Law Dictionary 2nd Ed.

The division, partition, or distribution of a subject matter in proportionate parts. Co. Litt. 147; 1 Swanst 37, n.; 1 Story, Eq. Jur. 475a. Of contracts. The allowance, in case of a severable contract, partially performed, of a part of the entire consideration proportioned to the degree in which the contract was carried out. 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 intervals for the payment of rent Swint v. McCalmont Oil Co., 184 Pa. 202, 38 Atl. 1021, 63 Am. St Rep. 791; Gluck v. Baltimore, 81 fcld. 315, 32 Atl. 515, 48 Am. St. Rep. 515. Of incumhrances. Where several persons are interested in an estate, apportionment, as between them, is the determination of the respective amounts which they shall contribute towards the removal of the incumbrance. Of corporate shares. The pro tanto division among the subscribers of the shares allowed to be issued by the charter, where more than the limited number have been subscribed for. Clarke v. Brooklyn Bank, 1 Edw. Ch. (N. Y.) 368; Haight v. Day, 1 Johns. Ch. (N. Y.) 18. Of common. A division of the right of common between several persons, among whom the land to which, as an entirety, it first belonged has been divided. Of representatives. The determination upon each decennial census of the number of representatives in congress which each state shall elect, the calculation being based upon the population. See Const U. S. art 1, U Of taxes. The apportionment of a tax consists in a selection of the subjects to be taxed, and in laying down the rule by which to measure the contribution which each of these subjects shall make to the tax. Bar field v. Gleason, 111 Ky. 491, 63 S. W. 964.

Law Dictionary – Alternative Legal Definition

contracts. Lord Coke defines it to be a division or partition of a rent, common, or the like, or the making it into parts. Co . Litt. 147. This definition seems incomplete. Apportionment frequently denotes, not, division, but distribution; and in its ordinary technical sense, the distribution of one subject in proportion to another previously distributed. 1 Swanst. C. 87, n. 2. Apportionment will here be considered only in relation to contracts, by talking a view, 1, of such as are purely personal and, 2, of such as relate to the realty. 3. 1. When a Purely personal contract is entire and not divisible in its nature, it is manifest it cannot be apportioned; as when the subject of the contract is but one thing, and there is but one creditor and one debtor, neither can apportion the obligation without the consent of the other. In such case the creditor cannot force his debtor to pay him a part of his debt only, and leave the other part unpaid, nor can the debtor compel his creditor to receive a part only of what is due to him on account of his claim. Nor can the assignee of a part sustain an action for such part. 5 N. S. 192. 4. When there is a special contract between the parties, in general no compensation can be received unless the whole contract has been actually fulfilled.

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