APPORTIONMENT OF RENT ORDINANCE, 1886

APPORTIONMENT OF RENT ORDINANCE, 1886

No. 1 of 1886.
AnOrdinance for the better apportionment of rents and other
periodical payments.

[10th March, 1886.]

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

2. In this Ordinance,

(a) Annuitiesinclude 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 com-
panies, divisible between all or any of the member 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 pay-
ments 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,
annuity, or other such payment 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, administrators,
and assigns, and also the executors, administrators, and assigns
respectively of persons whose interests determine with their own
deaths, shall have such or the same remedies at law and in equity
for recovering such apportioned 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 tenements, and the same lands or tenements, shall not be
resorted to for any such apportioned part forming part of an
entire or continuing 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 rent 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 recoverable 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 render apportionable
any annual sums made payable in policies of assurance 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.] 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.] 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/1415

1937

v1

18

No. 1 of 1886

3