CHAPTER
168
APPORTIONMENT |
ARRANGEMENT OF
SECTIONS |
SECTION |
|
Rents and periodical payments shall accrue from
day to day and be apportionable in respect of time. |
Apportioned part of rent, etc., shall be payable
when the next entire portion shall have become due. |
Persons shall have the same remedies for
recovering apportioned parts as for entire portions. |
|
Act not to apply to policies of assurance. |
Nor where stipulation made to the contrary. |
CHAPTER 168 |
APPORTIONMENT |
An Act
for the better apportionment of rents and other periodical payments. | 33 & 34 Vict., c.
35
extended by 10 of 1872 |
[Commencement 1st
August, 1870] |
1. This Act may be cited for all purposes as the
Apportionment Act. | Short title. |
2. 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, like interest on money
lent, be considered as accruing from day to day, and shall be apportionable in
respect of time accordingly. | Rents and periodical payments shall accrue from day to
day and be apportionable in respect of time. |
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 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. | Apportioned part of rent, etc., shall be payable when
the next entire portion shall have become due. |
4. All persons and their respective heirs, executors,
administrators, and assigns, and also the executors, administrators, and
assigns respectively of persons whose interests determine with their own death,
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: | Persons shall have the same remedies for recovering
apportioned parts as for entire portions. |
Provided that
persons liable to pay rents reserved out of or charged on lands or other
hereditaments of any tenure, and the same lands or other hereditaments, shall
not be resorted to for any such apportioned part forming part of entire or
continuing rent as aforesaid specifically, but the entire or continuing rent,
including such apportioned part, shall be recovered and received by the heir or
other person who, if the rent had not been apportionable under this Act, or
otherwise, would have been entitled to such entire or continuing rent, and such
apportioned part shall be recoverable from such heir or other person by the
executors or other parties entitled under this Act to the same by action at law
or suit in equity. | Proviso as to tents reserved in certain cases. |
5. In the construction of this Act- | Interpretation of terms. |
The word
"rents" includes rent service, rentcharge, and rent seck, and also
tithes and all periodical payments or renderings in lieu of or in the nature of
rent or tithe. |
The word
"annuities" includes salaries and pensions. |
The word
"dividends" includes (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 shall be usually
made or declared at any fixed times or otherwise; and all such divisible
revenue shall, for the purposes of this Act, 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 "dividend" does not include payments in the nature of a
return or reimbursement of capital. |
6. Nothing in this Act contained shall render
apportionable any annual sums made payable in policies of assurance of any
description. | Act not to apply to policies of assurance. |
7. The provisions of this Act shall not extend to any
case in which it is or shall be expressly stipulated that no apportionment
shall take place. | Nor where stipulation made to the contrary. |