the operation of law. Where a lessee is evicted
from, or surrenders or forfeits possession of part of the property
leased to him, he becomes liable at common law to pay only a rent
apportioned to the value of the interest which he still retains. So
where the person entitled to the reversion of an estate assigns part of
it, the right to an apportioned part of the rent incident to the whole
reversion passes to his assignee. The lessee is not bound, however, by
an apportionment of rent made upon the grant of part of the reversion
unless it is made either with his consent or by the verdict of a jury.
The assignee of the reversion of part of demised premises could not, at
common law, re-enter for breach of a condition, inasmuch as a condition
of re-entry in a lease could not at common law be apportioned. But this
has now been altered by statute both in England (Law of Property
Amendment Act 1859, S 3; Conveyancing Act 1881, S 12) and in many of the
British colonies (e.g. Ontario, Rev. Stats., 1897, c. 170, S 9;
Barbados, No. 12 of 1891, S 9). In the cases just mentioned there is
apportionment in respect of estate by act of the parties.

_Apportionment by operation of law_ may be brought about where by act
of law a lease becomes inoperative as regards its subject-matter, or
by the "act of God" (as, for instance, where part of an estate is
submerged by the encroachments of the sea). To the same category
belongs the apportionment of rent which takes place under various
statutes (e.g. the Lands Clauses Consolidation Act 1845, S 119, when
land is required for public purposes; the Agricultural Holdings Act
1883, S 41, in the case of a tenant from year to year receiving notice
to quit part of a holding; and the Irish Land Act 1903, S 61,
apportionment of quit and crown rents).

_2. Apportionment in respect of Time._--At common law, there was no
apportionment of rent in respect of time. Such apportionment was,
however, in ceftain cases allowed in England by the Distress for Rent
Act 1737, and the Apportionment Act 1834, and is now allowed generally
under the Apportionment Act 1870. Under that statute (S 2) all rents,
annuities, dividends and other periodical payments in the nature of
income are to be considered as accruing from day to day and to be
apportionable in respect of time accordingly. It is provided, however,
that the apportioned part of such rents, &c., shall only be payable or
recoverable in the case