APPORTIONMENT ORDINANCE, 1886

APPORTIONMENT ORDINANCE, 1886

ORDINANCE No. 1 OF 1886.

Apportionment

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
Legislative Council thereof, as follows:-

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

2. In this Ordinance-

'Rents' include all periodical payments or renderings in lien of
or in the nature of rent;

'Annuities' include salaries and persions;

'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.

3. From and after the commencement of this Ordinance, all rents,
annuites, dividends, and other periodical payments in the nature of income
(whether reserved or made payment 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 tim
accordingly.

4. The apportioned part of any such rent, annuity, dividend, or other
payment shall be payable or recoverable, in the case of 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 interest 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, 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. The provisions of this Ordinance shall not extend to any case in
which it may be expressly stipulated that no apportionment shall take
place.
A.D. 1886. Ordinance No. 2 of 1886.
Short title. 33 & 34 Vict.c. 35 s. 1. Interpretation of terms. 33 & 34 Vict.c. 35 s. 5. Rents, etc., to accrue from day to day, and be apportionable in respect of time. Ib.s.2. Apportioned part of rent, etc., to be payable when next entire portion due. Ib.s.3. Remedies for recovering apportional parts. Ib.s.4. Exclusion of policies of assurance. 33 & 34 Vict.c. 35 s. 6. Exclusion of the Ordinance by express stipulation. Ib.s.7.

A.D. 1886. Ordinance No. 2 of 1886.
Short title. 33 & 34 Vict.c. 35 s. 1. Interpretation of terms. 33 & 34 Vict.c. 35 s. 5. Rents, etc., to accrue from day to day, and be apportionable in respect of time. Ib.s.2. Apportioned part of rent, etc., to be payable when next entire portion due. Ib.s.3. Remedies for recovering apportional parts. Ib.s.4. Exclusion of policies of assurance. 33 & 34 Vict.c. 35 s. 6. Exclusion of the Ordinance by express stipulation. Ib.s.7.

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