411 



APPORTIONMENT. 



APPRENTICE. 



412 



alienee is liable in an action of covenant for a proportional part of the 

 rent reserved on the lease, the covenant for payment of rent being one 

 which runs with the land ; and therefore as respects him there is an 

 apportionment of the rent. The alienation of a part of the lands does 

 not however, any more than an assignment of the whole, discharge the 

 original lessee from his liability upon his express personal covenant for 

 payment of the whole rent. The right of distress for the whole rent 

 upon every part of the land of course remains unaffected by the assign- 

 ment, unless, as is sometimes done in the case of building leases, the 

 original grantor agrees to restrict his right of distress on the lands 

 aliened to a proportionate part of the rent. 



If t a man having a rent-charge issuing out of lands purchases any 

 part of them, the rent-charge is extinct as to the whole ; but if part of 

 the land out of which the rent issues descends upon the owner of the 

 rent-charge, the rent will be apportioned. And this will also be the 

 case upon a partition of the lands out of which the rent issues. If a 

 grantee of a rent-charge release all his right in part of the land 

 charged, he extinguishes the whole rent ; but if a grantee of a rent- 

 charge release part of the rent to the grantor, the residue will remain 

 charged on the land, for here the grantee deals with the rent only, not 

 with the land. On the principles here stated a difficulty arises on the 

 sale of part of lands subject to a rent-charge. Where the party entitled 

 to the rent is willing to release the land to be sold, the mode some- 

 tunes adopted is for the owner of the rent-charge to assign it to a 

 trustee upon trust to receive it exclusively out of the lands intended 

 to remain charged. Another mode is for the annuitant to join in the 

 conveyance of the lands sold, and to add a proviso that the other lands 

 shall continue liable. This plan, however, is open to the objection 

 that as the proviso operates as a new grant, the rent-charge becomes 

 liable to the incumbrances of the owner of the land created before the 

 conveyance. A third mode, sometimes adopted, is that of the owner 

 of the rent-charge covenanting not to distrain on the lands sold, but it 

 seems doubtful whether such a covenant does not operate as a release 

 of the rent-charge. If the owner of the rent-charge will not concur, 

 the only plan seems to be for the vendor to covenant with the pur- 

 chaser that the lands not sold shall be exclusively liable, and give an 

 indemnity by demise or otherwise against the rent-charge. It seems 

 that the technical rule of law which is productive of so much incon- 

 venience ought to be altered. 



By the common law, if a lessor tenant for life died within the half- 

 year at the end of which rent was due upon a lease not made in execu- 

 tion of a power, and which therefore determined on the death of the 

 tenant for life, the half year's rent could not be apportioned, and was 

 therefore lost both to the representatives of the lessor and to the re- 

 mainder-man or reversioner, upon whom the lease was not binding. 



To remedy this evil it was provided by the stat. 11 Geo. II. c. 19, 15, 

 that where a lessor tenant for life died before the rent-day, his execu- 

 tors might recover from the tenant a proportionate part of the rent 

 then growing due, making all just allowances. But as this statute was 

 construed to apply only to persons strictly tenants for life, and had no 

 application to the case of a lease made by a tenant in fee or by a tenant 

 in tail under a power, if in either of these cases the lessor died in the 

 interval between two periods of the rent being due, the whole rent 

 went, according to the rule of the common law, to the heir or remainder- 

 man, and there could be no apportionment in favour of the executor. 

 The law has now been altered by the stat. 4*5 Wm. IV. c. 22, the 

 object of which is to apply the principle of equitable apportionment to 

 all property which consists in periodical and fixed money payments. 



By the first section it is declared that rents reserved on leases deter- 

 mining on the death of the person making them (though not strictly 

 tenant for life), or on the death of the tenant pur outre vie, shall be 

 considered as within the provisions of the above-mentioned stat. 1 1 

 Geo. II. c. 19, 15. 



By the 2nd section it is enacted that from the passing of the act all 

 rents service reserved on any lease by a tenant in fee, or for any life 

 interest, or by any lease granted under any power (and which leases 

 shall have been granted after the passing of the act), and all rents- 

 charge and other rents, annuities, pensions, dividends, moduses, com- 

 positions, and all other payments of every description in the United 

 Kingdom of Great Britain and Ireland made payable or coming due at 

 fixed periods under any instrument that shall be executed after the 

 posing of the act (or being a will or testamentary instrument) that shall 

 i Mtne into operation after the passing of the act, shall be apportioned 

 no and in such manner that on the death of any person interested in 

 any such rents, annuities, pensions, dividends, moduses, compositions, 

 or other payments, as aforesaid, or in the estate, fund, office, or benefice 

 from or in respect of which the same shall be issuing or derived, or on 

 the determination by any other means whatsoever of the interest of 

 any such person, he or she, and his or her executors, administrators, 

 or assigns, shall be entitled to a proportion of such rents, annuities, 

 pensions, dividends, moduses, compositions, and other payments, ac- 

 cording to the time which shall have elapsed from the commencement 

 or last period of payment thereof respectively (as the case may be), 

 including the day of the death of such person or of the determination 

 of his or her interest, all just allowances and deductions in respect of 

 charges on such rente, annuities, pensions, dividends, moduses, compo- 

 sitions, and other payments being made ; and that every such person, 

 hi* or her executors, administrators, or assigns, should have such and 



the same remedies at law and in equity for recovering such apportioned 

 parts of the said rents, annuities, pensions, dividends, moduses, compo- 

 sitions, and other payments, when the entire portions of which such 

 apportioned parts shall form part shall become due and payable, and 

 not before, as he, she, or they would have had for recovering and 

 obtaining such entire rents, annuities, pensions, dividends, moduses, 

 compositions, and other payments if entitled thereto, but so that 

 persons liable to pay rents reserved by any lease or demise, and the 

 lands, tenements, and hereditaments comprised therein shall not be 

 resorted to for such apportioned parts specifically as aforesaid, but the 

 entire rents of which such portions shall form a part shall be received 

 and recovered by the person or persons who, if the act had not passed, 

 would have been entitled to such entire rents ; and such portions shall 

 be recoverable from such person or persons by the parties entitled to 

 the same under the act in any action or suit at law or in equity. It 

 seems doubtful whether the above enactment will apply to the case of 

 an annuity payable at certain periods and determinable at the death of 

 the grantor, because if the annuity cease by the death of the grantor 

 on any day before that of payment, the ' entire portion ' can never 

 become payable. It is advisable therefore to retain the usual appor- 

 tionment clause in the grants of such annuities. 



The 3rd and last section provides that the act is not to apply to 

 cases in which it shall be expressly stipulated that no apportionment 

 shall take place, nor to annual sums made payable on policies of assu- 

 rance of any description. 



Rights of common are apportionable in certain cases. Common of 

 pasture where it is appendant may be apportioned either where the 

 commoner purchases a part of the land in which he has the right of 

 common, or upon an alienation of part of the land to which the right 

 is appendant. In the case of common of pasture appurtenant, there 

 will be apportionment in the second case, but not in the first. Common 

 of estovers or piscary cannot be apportioned, neither can the rights of 

 horsebote, haybote, &c. be appendant to the freehold. 



Conditions in general cannot be apportioned by the act of the parties, 

 though they may where a division of the estate is caused by the act of 

 law or by the act and wrong of a lessee upon condition. 



(Upon the subject of Apportionment see Cruise, Diy. vol ii. 36, 

 vol. iii. 72, 302 et */.) 



APPRAISEMENT, from apprtcter, appriier, or appraiser, "to set a 

 price upon an article." When goods have been taken under a distress 

 for rent, it is necessary, in order to enable the landlord to sell them 

 according to the provisions of the statute 2 William and Mary, sess. i. 

 c. 5, that they should be previously appraised or valued by two 

 appraisers. These appraisers are sworn by the sheriff, under-sheriff, 

 or constable, to appraise the goods truly according to the best of their 

 understanding. After such an appraisement has been made, the 

 landlord may proceed to sell the goods for the best price that can be 

 procured. By the statute 48 Geo. III. c. 140, an ad valorem stamp 

 duty is imposed upon appraisements. 



APPRAISERS are persons employed to value property. By the 

 statute 46 Geo. III. c. 43, it was first required that any person exer- 

 cising the calling of an appraiser should annually take out a license to 

 act as such, stating his name and place of abode, and signed by two 

 commissioners of stamps. By the same statute a stamp duty of 63. 

 was imposed upon such licenses; and unlicensed persons were for- 

 bidden to act as appraisers under a penalty of 50/. The same duty was 

 continued by the General Stamp Act, 48 Geo. III. c. 149, but by the 

 849 Viet. c. 76, the duty was raised to 27. 



APPRENTICE, from apprendre, to learn, signifies a person bound 

 by indenture to serve a master for a certain term, receiving, in 

 return for his services, instruction in his master's profession, art, or 

 occupation. In addition to this, the master is usually bound to' 

 provide the necessary food and clothing for the apprentice, and some- 

 times to pay him small wages, but most commonly the master receives 

 a premium. Formerly the word was used to denote those students of 

 the common law in the societies of the inns of court who^not having 

 completed their professional education by ten years' study in those 

 societies, at which time they were qualified to leave their inns and to 

 execute the full office of an advocate, upon being called by writ to take 

 upon them the degree of serjeant-at-law were yet of sufficient stand- 

 ing to be allowed to practise in all courts of law except the court of 

 Common Pleas. This denomination of apprentice (in law Latin, 

 apprmticii ad tegem nobilioret, apprenticii ad barras, or simply appren- 

 ticii ad Uijem) appears to have continued until the close of the 16th 

 century, after which this term fell into disuse, and we find the same 

 class of advocates designated, from their pleading without the bar, as 

 outer barristers, now shortened into the well-known term, barristers. 

 (See Spelman's ' Gloss, ad verbum ;' Blaekstone's ' Commentaries," 

 vol. i. 23 ; vol. iii. 27.) 



Apprenticeship appears to have been unknown to the ancients ; and 

 although it has been stated that in Rome the distribution of the 

 citizens into companies or colleges according to their trades took place 

 at an early period, we can discern in the Roman history no distinct 

 traces of such a system as apprenticeship. Its origin is to be sought in 

 the institutions of modern Europe, and it probably sprung up in con- 

 junction with the system of associating handicraft trades in the 12th 

 century, the natural result, perhaps, of those more general combina- 

 tions of citizens or of burgesses, which were formed for the purposes 



