APPORTIONMENT OF RENT ORDINANCE, 1886
Title
APPORTIONMENT OF RENT ORDINANCE, 1886
Description
No. 1 of 1886.
For the better Apportionment of Rents and other Periodical
Payments. [10th March, 1886.]
1. The Apportionnient of Rent ordinance, 1886.
2. In this Ordinance-
'Rents ' include all periodical payments or renderings in lieu
of or in the nature of rent :
' 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 be-
tween all or any of the members of such respective companies,
whether such payments are unsually made or at ally fixed
times or otherwise;and all such 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.All rents, annuities, 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 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 bofore; and , in the case of a rent,annuity, or
other such payment determined by re-entry , death , or otherwise,
when tbe next entire portion of the same would have been payable
if the same had not so deterinined, and not before.
51. All persons and their respective executors, administrators, and
assigns, and also the executors, administrators, and assigns re-
As amended by No. 68 of 1911.
As amended by No 50 of 1911.
spectively of persons whose interest's determine with their own
deaths, shall have such or the same remedies at law and in equity
for recovering such apportioned parts as aforesaid then payable
(allowing proportionate parts of all Just allowances) as they re-
spectively 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 Ordi-
nance to the same by action or suit.
3. Nothing in this Ordinance shall render apportionable any
annual sums made payable in policies of assurance of any
7. This Ordinance shall not extend to any case in which it may
be expressly stipulated that no apportionment shall take place.
Short title. [33 & 34 Vict.c.35 s.1.] Interpretation of terms. [ib.s.5.] Rent, etc., to accrue from day to day. [ib.s.2.] Apportioned part of rent, etc., or be payable when next entire payable due. [ib.s.3.] Remedies for recovering apportioned parts. [ib.s.4.] Exclusion of policies of assurance. [33 & 34 Vict.c. 35 s. 6.]
Exclusion by express stipulation. [ib.s.7.]
For the better Apportionment of Rents and other Periodical
Payments. [10th March, 1886.]
1. The Apportionnient of Rent ordinance, 1886.
2. In this Ordinance-
'Rents ' include all periodical payments or renderings in lieu
of or in the nature of rent :
' 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 be-
tween all or any of the members of such respective companies,
whether such payments are unsually made or at ally fixed
times or otherwise;and all such 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.All rents, annuities, 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 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 bofore; and , in the case of a rent,annuity, or
other such payment determined by re-entry , death , or otherwise,
when tbe next entire portion of the same would have been payable
if the same had not so deterinined, and not before.
51. All persons and their respective executors, administrators, and
assigns, and also the executors, administrators, and assigns re-
As amended by No. 68 of 1911.
As amended by No 50 of 1911.
spectively of persons whose interest's determine with their own
deaths, shall have such or the same remedies at law and in equity
for recovering such apportioned parts as aforesaid then payable
(allowing proportionate parts of all Just allowances) as they re-
spectively 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 Ordi-
nance to the same by action or suit.
3. Nothing in this Ordinance shall render apportionable any
annual sums made payable in policies of assurance of any
7. This Ordinance shall not extend to any case in which it may
be expressly stipulated that no apportionment shall take place.
Short title. [33 & 34 Vict.c.35 s.1.] Interpretation of terms. [ib.s.5.] Rent, etc., to accrue from day to day. [ib.s.2.] Apportioned part of rent, etc., or be payable when next entire payable due. [ib.s.3.] Remedies for recovering apportioned parts. [ib.s.4.] Exclusion of policies of assurance. [33 & 34 Vict.c. 35 s. 6.]
Exclusion by express stipulation. [ib.s.7.]
Abstract
Short title. [33 & 34 Vict.c.35 s.1.] Interpretation of terms. [ib.s.5.] Rent, etc., to accrue from day to day. [ib.s.2.] Apportioned part of rent, etc., or be payable when next entire payable due. [ib.s.3.] Remedies for recovering apportioned parts. [ib.s.4.] Exclusion of policies of assurance. [33 & 34 Vict.c. 35 s. 6.]
Exclusion by express stipulation. [ib.s.7.]
Exclusion by express stipulation. [ib.s.7.]
Identifier
https://oelawhk.lib.hku.hk/items/show/819
Edition
1912
Volume
v1
Subsequent Cap No.
18
Cap / Ordinance No.
No. 1 of 1886
Number of Pages
2
Files
Collection
Historical Laws of Hong Kong Online
Citation
“APPORTIONMENT OF RENT ORDINANCE, 1886,” Historical Laws of Hong Kong Online, accessed January 22, 2025, https://oelawhk.lib.hku.hk/items/show/819.
