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This article is about "apportionment" in law. See also apportionment (politics)

The legal term apportionment (French apportionement; Med. Latin apportionamentum; derived from Latin portio, share) means distribution or allotment in proper shares.

It is a term used in law in a variety of senses. Sometimes it is employed roughly and has no technical meaning; this indicates the distribution of a benefit (e.g. salvage or damages under the Fatal Accidents Act 1846, § 2), or liability (e.g. general average contributions, or tithe rent-charge), or the incidence of a duty (e.g. obligations as to the maintenance of highways).

In its strict legal interpretation apportionment falls into two classes: "apportionment in respect of estate" and "apportionment in respect of time."

Apportionment in respect of estate[link]

Apportionment in respect of estate may result either from the act of the parties or from the operation of law.

Apportionment by act of the parties[link]

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 England,^[1] and in many of the British colonies.^[2] In the cases just mentioned there is apportionment in respect of estate by act of the parties.

Apportionment by operation of law[link]

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, § 119, when land is required for public purposes; the Agricultural Holdings Act 1883, § 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 § 61, apportionment of quit and crown rents).

Apportionment in respect of time[link]

At common law, there was no apportionment of rent in respect of time. Such apportionment was, however, in certain cases allowed in England by the Distress for Rent Act 1737, and the Apportionment Act 1834, and is now allowed generally. Under that statute (§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, etc., shall only be payable or recoverable in the case 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 (§ 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 (§ 4). The Apportionment Act 1870 extends to payments not made under any instrument in writing (§2), but not to annual sums made payable in policies of insurance (§ 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:

1. 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
2. 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.

Apportionment of rent[link]

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;^[3] and that a similar rule holds good in the winding up of a company;^[4] and further that the act of 1870 applies to the liability to pay, as well as to the right to receive, rent.^[5] 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.^[6]

Apportionment of income[link]

With regard to the apportionment 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 (§ 5).

See also[link]

Look up apportionment in Wiktionary, the free dictionary.

References[link]

•  This article incorporates text from a publication now in the public domain: Chisholm, Hugh, ed. (1911). "apportionment". Encyclopædia Britannica (11th ed.). Cambridge University Press. 

Ben Miller
Miller at the 2008 BAFTA Television Awards
Born	Bennet Evan Miller (1966-02-24) 24 February 1966 (age 46) London, United Kingdom
Education	Natural sciences
Alma mater	St Catharine's College, Cambridge
Occupation	Comedian, director, actor
Spouse	Belinda Stewart-Wilson (Divorced, 2011)
Partner	Jessica Parker
Children	Two sons

Bennet Evan "Ben" Miller (born 24 February 1966^[1]) is an English comedian, actor and director. He is perhaps best known as one half of comedy double act Armstrong and Miller, along with Alexander Armstrong. Together the pair wrote and starred in the Channel 4 sketch show Armstrong and Miller, and the more recent BBC television sketch show The Armstrong and Miller Show. As of 2011, he is starring in the crime drama series Death in Paradise.

Early life and education[link]

Miller was born in London, England, and grew up in Nantwich, Cheshire.^[2] His paternal grandfather was a Lithuanian-born tailor who lived in London's East End;^[3] his father, Michael Miller, was a lecturer in American Literature at the City of Birmingham Polytechnic; and his Welsh mother, Marion, taught English at South Cheshire College.^[3] He has two younger sisters, Leah and Bronwen.

He was educated at Malbank School and Sixth Form College, his local comprehensive school in Nantwich, Cheshire. He then studied natural sciences at St Catharine's College, Cambridge, where he acted with and dated Rachel Weisz.^[4][5] He remained at Cambridge to study for a Ph.D. in quantum physics, entitled "Novel quantum effects in low-temperature quasi-zero dimensional mesoscopic electron systems".

Miller's interest in comedy began when a friend asked him to help ferry around the judges of the National Student Drama Festival, which was being held that year in Cambridge.^[6] Having already finished his undergraduate degree, he then joined the Footlights in 1989 alongside the likes of Andy Parsons, David Wolstencroft and Sue Perkins and went on to direct a revue.^[7]

Career[link]

Miller decided not to continue his doctorate studies and moved to London to pursue a career in comedy.^[8] He was introduced to fellow Cambridge graduate Alexander Armstrong in 1992, at the TBA Sketch Comedy Group, a comedy club which ran at the Gate Theatre Studio, Notting Hill throughout the 1990s. They performed their first full-length show at the Edinburgh Fringe in 1994, and returned in 1996, whereupon they were nominated for the Perrier Comedy Award.^[9]

Their success resulted in the commissioning of the television series Armstrong and Miller, which ran for four series in total from 1997 to 2001 – one on the Paramount Comedy Channel, and three on Channel 4. The duo had their own radio show with the same name on BBC Radio 4 in 1998, which featured many of the sketches and characters from their TV series, and a second show, Children's Hour with Armstrong and Miller, later in the same year. After a six-year break, the show was recommissioned for Hattrick Productions as The Armstrong and Miller Show and is currently in its third series.^[10]

In 2001, Miller starred in Steve Coogan's first feature film, the British comedy The Parole Officer.^[11] In 2003 he played the role of 'Bough', sidekick to Rowan Atkinson's title character in the film Johnny English. In 2004 he co-starred in The Prince and Me. In 2004 and 2005, he starred in two consecutive series of the BBC television series The Worst Week of My Life,^[12] alongside Sarah Alexander,^[2] followed in 2006 by a three-part Christmas special, The Worst Christmas of My Life. Since 2007 he is starring as James Lester in ITV's sci-fi drama Primeval,^[9] and as Mr Jonathan in the Australian film Razzle Dazzle: A Journey Into Dance.^[6]

From 2001 until 2007, Miller provided the voice for the ITV Digital and now PG Tips Monkey, in a popular series of television advertisements featuring Johnny Vegas.^[13]

In 2008, he appeared in three ITV1 series, as television producer Jonathan Pope in Tony Jordan's series Moving Wallpaper. He also starred in Thank God You're Here.

In 2010 he made his directorial debut with the film Huge.

In 2011 (as revealed by Miller on Twitter), he will reprise his role as James Lester in Primeval.

One of his more recent successes, is starring in the hit BBC TV Series Death in Paradise, where he plays DI Richard Poole.

Since November 2011, he has been in The Ladykillers at the Gielgud Theatre playing Louis Harvey.

Production[link]

Miller directed a television pilot, which subsequently became the first episode of Steve Coogan's 2006 British BBC TV Comedy series Saxondale. With Armstrong, he has formed a production company named Toff Media.

Awards[link]

Miller was awarded a Judges' Commendation for his portrayal of Hamlet at the 1990 National Student Drama Festival. He co-wrote MindGym, winner of the first BAFTA Interactive Entertainment Award for comedy in 1998, with Tim Wright and Adam Gee. He and Armstrong won a BCA Award for The Armstrong and Miller Show. In 2010 they also won a BAFTA for The Armstrong and Miller Show.

^[14]

Personal life[link]

Miller was married to Belinda Stewart-Wilson (who guest-starred with him in Series 3 of Primeval), Miller eventually divorcing Stewart-Wilson (2011) after a 2 year separation. The couple lived in Maida Vale. They have a son, Jackson a.k.a Sonny, (born 2006). Miller also has a son, Harrison born late 2011, with his partner, production executive Jessica Parker.^[15][16]

A talented musician, Miller plays the guitar and drums^[2] and likes yoga.^[12] At school Miller played in a band called Aquilae which performed Eagles covers translated into Latin.^{[citation needed]} His fictitious school band, Slide Rule, which featured in sketches from the first A&M TV series, is believed to be an affectionate homage to the legendary Section B.^{[citation needed]} At St Catharine's, he played in a band called the Dear Johns, with Andy Edwards and Eoin Patterson.^{[citation needed]} They released one 7 in single, entitled "Shame".^{[citation needed]}

Miller is often mistaken for Rob Brydon,^[4][12] with whom he appeared on an episode of QI, first broadcast on 20 February 2009 (Series 6. 9). As a joke, they dressed in similar shirts and shared a narcissistic kiss.^[17][18]

Filmography[link]

References[link]

External links[link]

• The Armstrong & Miller Show official website
• Ben Miller at the Internet Movie Database
• Ben Miller hands out his very own BAFTAs