APPORTIONMENT OF RENT ORDINANCE, 1886

APPORTIONMENT OF RENT ORDINANCE, 1886

-1886.-

No. 1 of 1886.
An Ordinance for the better apportionment of rents and
other periodical payments.
[10th March, 1886.]

1.' This Ordinance rnay be cited as the Apportionment of
Rent Ordinance, 1886.

2. An this Ordinance,

(a) Annuities include salaries and pensions.
(b) Dividends include (besides dividends strictly so
called) all payments made by the name of dividend, bonus,
or otherwise out of the revenue of trading or other public
companies, divisible between all or any of the members
of such respective companies, whether such payments are
usually made or declared at any fixed times or otherwise;
and all such divisible revenue shall, for the purposes of this
Ordinance, be deemed to have accrued by equal daily
increment during and within the period, for or in respect
of which the payment of the same revenue is declared or
expressed to be made, but the said word dividends shall not
include payments in the nature of a return or reimbursement
of capital.

(c). Rents include all periodical payments, or renderings
in lieu of or in the nature of rent.

3. All rents, annuities, dividends, and other periodical
payments in the nature of income (whether reserved or
made payable under, an instrument in writing or otherwise)
shall, like interest on money lent, be considered as accruing
from day to day, and shall be apportionable in respect of
time accordingly.


4. The apportioned part of any such rent, annuity,
dividend, or other payment shall be payable or recoverable,
in the case of a continuing rent, annuity, or other such
payment, when the entire portion of which such apportioned
part forms part becomes due and payable, and not before;
and, in the case of a rent, or other such, payment

As amended by Law Rev. Ord., 1923.

determined by re-entry, death, or otherwise, when the next
entire portion of the same would have been payable, if the
same had not so determined, and not before.

5. All persons and their respective executors, adminis-
trators, and assigns, and also the executors, administrators,
and assigns respectively of persons whose interests deter-
mine with their own deaths, shall have such or the same
remedies at law and in equity for recovering such apportion-
ed parts as aforesaid when payable (allowing proportionate
parts of all just allowances) as they respectively would have
had for recovering such entire portions as aforesaid if
entitled thereto respectively: Provided that persons liable
to pay rents reserved out of or charged on lands or tene-
ments, and the same lands or tenements, shall not be
resorted to for any such apportioned part forming part of
all entire or continning rent as aforesaid specifically, but the
entire or continuing rent, including such apportioned part,
shall be recovered and received by the person who, if the
tent had not been apportionable under this Ordinance or
otherwise, would have been entitled to such entire or
continuing rent, and such apportioned part shall be recover-
able from such person by the executors or other parties
entitled under this Ordinance to the same by action or suit.

6. Nothing in this Ordinance shall reader apportionable
any annual sums made payable in policies of assuance of
any description.

7. This Ordinance shall not extend to any case in which
it may be expressly stipulated that no apportionment shall
take place.
[Originally No. 2 of 1886. Law. Rev. Ord., 1924.] Short title. 33 & 34 Vict.c. 35, s. 1. Interpretation. 33 & 34 Vict.c. 35, s. 5. Rents, etc., to accrue from day to day. 33 & 34 Vict.c. 35, s. 2. Apportioned part of rent, etc., to be payable when next entire portion due. 33 & 34 Vict.c. 35, s. 3. Remedies for recovering apportioned parts. 33 & 34 Vict.c. 35, s. 4. Exclusion of policies of assurance. 33 & 34 Vict.c. 35, s. 6. Exclusion by express stipulation. 33 & 34 Vict.c. 35,s . 7.

[Originally No. 2 of 1886. Law. Rev. Ord., 1924.] Short title. 33 & 34 Vict.c. 35, s. 1. Interpretation. 33 & 34 Vict.c. 35, s. 5. Rents, etc., to accrue from day to day. 33 & 34 Vict.c. 35, s. 2. Apportioned part of rent, etc., to be payable when next entire portion due. 33 & 34 Vict.c. 35, s. 3. Remedies for recovering apportioned parts. 33 & 34 Vict.c. 35, s. 4. Exclusion of policies of assurance. 33 & 34 Vict.c. 35, s. 6. Exclusion by express stipulation. 33 & 34 Vict.c. 35,s . 7.

https://oelawhk.lib.hku.hk/items/show/1110

1923

v1

18

No. 1 of 1886

2