nment of income, the only points
requiring notice here are that all dividends payable by public
companies are apportionable, whether paid at fixed periods or not,
unless the payment is, in effect, a payment of capital (S 5).

The Apportionment Act 1870 extends to Scotland and Ireland. It has been
followed in many of the British colonies (e.g. Ontario, Rev. Stats.,
1897, c. 170, SS 4-8; New Zealand, No. 4 of 1886; Tasmania, No. 8 of
1871; Barbados, No. 12 of 1891, SS 9-12). Similar legislation has been
adopted in many of the states of the American Union, where, as in
England, rent was not, at common law, apportionable as to time (Kent,
_Comm_. iii. 469-472).

An _equitable apportionment_, apart from statute law, arises where
property is bequeathed on trust to pay the income to a tenant for life
and the reversion to others, and the realization of the property in the
form of a fund capable of producing income is postponed for the benefit
of the estate. In such cases there is an ultimate apportionment between
the persons entitled to the income and those entitled to the capital of
the accumulations for the period of such postponement. The rule followed
is this: the proceeds, when realized, are apportionable between capital
and income by ascertaining the sum which, put out and accumulated at 3%
_per annum_ from the day of the testator's death (with yearly rents and
deducting income tax) would have produced at the day of receipt the sum
actually received. The sum so ascertained should be treated as capital
and the residue as income. (_In re Earl of Chesterfield's Trusts_, 1883,
24 Ch.D. 643; _In re Goodenough_, 1895, 2 Ch. 537; _Rowlls_ v. _Bebb_,
1900, 2 Ch. 107.)

In addition to the authorities cited in the text, see Stroud, _Jud.
Dict._ (2nd ed., London, 1903), s.v. "Apportion"; Bouvier, _Law Dict._
(London and Boston, 1897), s.v. "Apportionment"; _Ruling Cases_
(London, 1895), tit. "Apportionment"; Fawcett, _Landlord and Tenant_
(London, 1905), pp. 238 et seq.; Foa, _Landlord and Tenant_ (3rd ed.,
London, 1901), pp. 112 et seq. (A. W. R.)

APPORTIONMENT BILL, an act passed by the Congress of the United States
after each decennial census to determine the number of members which
each state shall send to the House of Representatives. The ratio of
representation fixed by the original constitution was 1 to 30,000 of the
free population, and the number of the members of the first House was
65. As