of a continuing payment, when the entire portion
of which it forms part itself becomes payable, and, in the case of a
payment determined by re-entry, death or otherwise, only when the next
entire portion would have been payable if it had not so determined (S
3). Persons entitled to apportioned parts of rent have the same remedies
for recovering them when payable as they would have had in respect of
the entire rent; but a lessee is not to be liable for any apportioned
part specifically. The rent is recoverable by the heir or other person
who would, but for the apportionment, be entitled to the entire rent,
and he holds it subject to distribution (S 4). The Apportionment Act
1870 extends to payments not made under any instrument in writing (S 2),
but not to annual sums made payable in policies of insurance (S 6).
Apportionment under the act can be excluded by express stipulation.

The apportionment created by this statute is "apportionment in respect
of time." The cases to which it applies are mainly cases of either (A)
apportionment of rent due under leases where at a time between the dates
fixed for payment the lessor or lessee dies, or some other alteration in
the position of parties occurs; or (B) apportionment of income between
the representatives of a limited owner and the remainder-man when the
limited interest determines at a time between the date when such income
became due.

(A) With regard to the former of these classes, it may be noticed that
although apportioned rent becomes payable only when the whole rent is
due, the landlord, in the case of the bankruptcy of an ordinary
tenant, may prove for a proportionate part of the rent up to the date
of the receiving order (Bankruptcy Act 1883, Sched. ii. r. 19); and
that a similar rule holds good in the winding up of a company (_in re
South Kensington Co-operative Stores_, 1881, 17 Ch.D. 161); and
further that the act of 1870 applies to the liability to pay, as well
as to the right to receive, rent (_in re Wilson_, 1893, 62 L.J.Q.B.
628, 632). Accordingly where an assignment of a lease is made between
two half-yearly rent-days, the assignee is not liable to pay the full
amount of the half-year's rent falling due on the rent-day next after
the date of the assignment, but only an apportioned part of that
half-year's rent, computed from the last mentioned date (_Glass_ v.
_Patterson_, 1902, 2 Ir.R. 660).

(B) With regard to the apportio