APPORTIONMENT ORDINANCE

APPORTIONMENT ORDINANCE

CHAPTER 18.
APPORTIONMENT.

Forthe better apportionment of rents and other periodical
Payments.
[10th March, 1886.]

1. This Ordinance may be cited. as the Apportionment
Ordinance.

2. In this Ordinance-
'annuities' include salaries and pensions;
'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 other-
wise; and all such divisible revenue shall, for the pur-
poses 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;
'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,
li.ke interest on money lent, be considered as accruing from
day to day, and shall be apportionable is 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 pay-
ment, 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, ad-
ministrators, 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 respec-
tively would have hadfor 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 recover-
able from such person by the executors or other parties
entitled under this Ordinance to the same by action or suil.

6. Nothing in this Ordinance shall render apportion-
able 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 2 of 1886. Fraser 1 of 1886. Short title. 33 & 34 Vict. C. 35, s. 1. Interpretation. 33 & 34 Vict. C. 35, s. 5. Rent, 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 2 of 1886. Fraser 1 of 1886. Short title. 33 & 34 Vict. C. 35, s. 1. Interpretation. 33 & 34 Vict. C. 35, s. 5. Rent, 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.

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