apportionment 音標拼音: [əp'ɔrʃənmənt]
n . 分配,分攤,分派
分配,分攤,分派
apportionment n 1 :
the act of distributing by allotting or apportioning ;
distribution according to a plan ; "
the apportionment of seats in the House of Representatives is based on the relative population of each state " [
synonym : {
allotment },
{
apportionment }, {
apportioning }, {
allocation }, {
parceling },
{
parcelling }, {
assignation }]
Apportionment \
Ap *
por "
tion *
ment \,
n . [
Cf .
F .
apportionnement ,
LL .
apportionamentum .]
The act of apportioning ;
a dividing into just proportions or shares ;
a division or shares ;
a division and assignment ,
to each proprietor ,
of his just portion of an undivided right or property . --
A .
Hamilton .
[
1913 Webster ]
APPORTIONMENT ,
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 .
4 Greenl .
454 ;
2 Pick .
R .
267 ;
10 Pick .
R .
209 ;
4 Pick .
R .
103 ;
4 M '
Cord ,
R .
26 ,
246 ;
6 Verm .
R .
35 .
The subject of the contract being a complex event ,
constituted by the performance of various acts ,
the imperfect completion of the event ,
by the performance of only some of those acts ,
cannot ,
by virtue of that contract ,
of which it is not the subject ,
afford a title to the whole ,
or any part of the stipulated benefit .
See 1 Swanst .
C .
338 ,
n .
and the cases there cited ;
Story ,
Bailm .
Sec .
441 ;
Chit .
Contr .
168 ;
3 Watts ,
331 ;
2 Mass .
147 ,
436 ;
3 Hen . &
Munf .
407 ;
2 John .
Cas .
17 ;
13 John .
R .
365 ;
11 Wend .
257 ;
7 Cowen ,
184 ;
8 Cowen ,
84 ;
2 Pick .
332 .
See generally on the subject of the apportionment ,
of personal obligations ,
16 Vin .
Ab .
138 ;
22 Vin .
Ab .
13 ;
Stark .
Ev .
part 4 ,
p .
1622 ;
Com .
Dig .
Chancery ,
2 E and 4 N 5 ;
3 Chit .
Com .
Law 129 ;
Newl .
Contr .
159 ;
Long on Sales ,
108 .
And for the doctrine of the civil law ,
see Dumoulin ,
de dividuo et individuo ,
part 2 ,
n .
6 ,
7 ;
Toull .
Dr .
Civ .
Fr .
liv .
3 ,
tit 3 ,
c .
4 ,
n .
750 ,
et seq .
5 .-
2 .
With regard to rents ,
the law is different .
Rents may in general be apportioned ,
and this may take place in several ways ;
first ,
by the act of the landlord or reversioner alone ,
and secondly ,
by virtue of the statute of 11 Geo .
II .,
c .
19 ,
s .
15 ,
or by statutes in the several states in which its principles have been embodied .
6 .-
1 .
When there is a subsisting obligation on the part of the tenant to pay a certain rent ,
the reversioner may sell his estate in different parts ,
to as many persons as he may deem proper ,
and the lessee or tenant will be bound to pay to each a proportion of the rent .
3 Watts ,
404 ;
3 Kent Com .
470 ,
3d .
ed .;
Co .
Litt .
158 a ;
Gilb .
on Rents ,
173 ;
7 Car .
23 ;
13 Co .
57 Cro .
Eliz .
637 ,
651 ;
Archb .
L . &.
T .
172 5 B . &
A .
876 ;
6 Halst .
262 .
It is usual for the owners of the reversion to agree among themselves as to the amount which each is to receive ;
but when there is no agreement ,
the rent will be apportioned by the jury .
3 Kent ,
Com .
470 ;
1 Bouv .
Inst .
n .
697 .
7 .-
2 .
Rent may be apportioned as to time by virtue of the stat .
11 Geo .
H .,
C .
19 ,
s .
15 ,
by which it is provided that the rent due by a tenant for life ,
who dies during the currency of a quarter ,
of a year ,
or other division of time at which the rent was made payable ,
shall be apportioned to the day of his death .
In Delaware ,
Missouri ,
New Jersey ,
and New York ,
it is provided by statutes ,
that if the tenant for life ,
lessor ,
die on the rent day ,
his executors may recover the whole rent ;
if before ,
a proportional part .
In Delaware ,
Kentucky ,
Missouri ,
and New York ,
when one is entitled to rents ,
depending on the life of another ,
he may recover them notwithstanding the death of the latter .
In Delaware ,
Kentucky ,
Missouri ,
and Virginia ,
it is specially provided ,
that the husband ,
after the death of his wife ,
may recover the rents of her lands .
1 Hill .
Ab .
c .
16 ,
Sec .
50 .
In Kentucky ,
the rent is to be apportioned when the lease is determined upon any contingency .
8 .
When the tenant is deprived of the land ,
as by eviction ,
by title paramount ,
or by quitting the premises with the landlord '
s consent ,
in the absence of any agreement to the contrary ,
his obligation to pay rent ceases ,
as regards the current quarter or half year ,
or other day of payment ,
as the case may be .
But rent which is due may be recovered .
Gilb .
on Rents ,
145 ;
3 Kent ,
Comm .
376 ;
4 Wend .
423 ;
8 Cowen ,
727 1 Har . &
Gill ,
308 ;
11 Mass .
493 .
See 4 Cruise '
s Dig .
206 ;
3 Call '
s R .
268 ;
4 M '
Cord 447 ;
1 Bailey '
s R .
469 ;
2 Bouv .
Inst .
n .
1675 ,
et seq .
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