APPORTIONMENT ORDINANCE, 1886

APPORTIONMENT ORDINANCE, 1886

Apportionment.

No. 2 of 1886.

An Ordinance for the better Apportionment of Rents and other
Periodical Payments.

[ 10th March, 1886. ]

Be it enacted by the Governor of Hongkong, with the advice of the:

B Ilcu;islative Council thereof;, as follow~s:--

1. This Ordinance may be cited for, all purposes as The
Apportionment Ordinance, 1886.
ORDINANCE No. 2of 186.

Apportionment.

2. From and after the colnmencernerit. of this Ordinance all rents,
annuities, dividends, and other periodical payments in the nature of in-
come ( 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.

3: 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 shall form part, shall become clue 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 lead not so determined
and not before.

4, 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 recoverin,m 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 tene-
ments, 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
afore-
said specifically, but the entire or continuing rent, including such
appor-
tioned 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 suit or
action.

Rents, kc. to
accrue from
day to day,
and be
apportionablc
in respect o£
time.
[Ibvd, s. 2.]

Apportioned
part of rent,
S,c, to be

Ma able when
Y next
entire portion
becomes due.
[Ibitt, s. 3.]

Persons shall
have the same,
,remedies for.
recovering
apportioned
parts as for
entire
onions.
~Ibid, s. 4.]

Proviso as to

rents reserved
in certain

5. In the construction of this Ordinance,-- , lnterpreta-
The word rents shall include all periodical payments or render- [Ibation
of ter .]5ms.
robs in lieu of or in the nature of rent.
The word annuities shall include salaries and pensions.
The word dividends shall 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
ORDINANCE No. 2 of 1885.

Apportionment.

companies, divisible between all or any of the members of
such respective companies, whether such payments shall
be 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 shall be declared.
or expressed to be made, but the said word dividends shall
not include payments in the nature of a return or reim-
bursement of capital.

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

7. The provisions of this Ordinance shall not extend to any case in
which it is or shall be expressly stipulated that no apportionment shall
take place.
1954

Short title.
[33 and 34 V. c. 35, s. 1.]
1955
Rents, &c. to accrue from day to day, and be apportionable in respect of time.
[Ibid, s. 2.]
Apportioned part of rent, &c. to be payable when the next entire portion becomes due.
[Ibid, s. 3.]
Persons shall have the same remedies for recovering apportioned parts as for entire portions.
[Ibid, s. 4.]
Proviso as to rents reserved in certain cases.
Interpretation of terms.
[Ibid, s. 5.]
1956
Ordinance not to apply to policies of assurance.
[Ibid, s. 6.]
Nor where stipulation made to the contrary.
[Ibid, s. 7.]

1954

Short title.
[33 and 34 V. c. 35, s. 1.]
1955
Rents, &c. to accrue from day to day, and be apportionable in respect of time.
[Ibid, s. 2.]
Apportioned part of rent, &c. to be payable when the next entire portion becomes due.
[Ibid, s. 3.]
Persons shall have the same remedies for recovering apportioned parts as for entire portions.
[Ibid, s. 4.]
Proviso as to rents reserved in certain cases.
Interpretation of terms.
[Ibid, s. 5.]
1956
Ordinance not to apply to policies of assurance.
[Ibid, s. 6.]
Nor where stipulation made to the contrary.
[Ibid, s. 7.]

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1890

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No. 2 of 1886

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