Apportionment Act

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Published: 0000

Apportionment (CAP. 32 1



Arrangement of Sections

1. Short title.
2. Interpretation.
3. Rents, etc., to accrue from day to day and be

apportionable in respect of time.
4. Apportioned part to be payable when next entire

portion due.
5. Persons shall have same remedies for recovering

apportioned parts as for entire portions.
6. Act not to apply to policies of assurance.
7. Nor where stipulation made to the contrary.


(31st December, 1887.)

1. This Act may be cited as the Apportionment Act. Short title.

2. In this Act- Interpretation.
< < annuities" includes salaries and pensions;

"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 com-
panies, whether such payments shall be usually


2 CAP. 32) Apportionment

made or declared at any fixed time or otherwise;
and all such divisible revenue, shall for the pur-
poses 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 reimburse-
ment of capital;

< < rents" includes rent-service, rent-charge, and rent-
seck, and all periodical payments or renderings
in the nature of rent.

Rents, etc., to
accrue from day 3. All rents, annuities, dividends, and other periodical
to day and be payments in the nature of income (whether reserved or made
a~~o;tiOnable in payable under an instrument in writing or otherwise) shall,
respect of time.

like interest on money lent, be considered as accruing from
day to day, and shall be apportionable in respect of time

Apportioned part
to be payable

4. The apportioned part of any such rent, annuity,
when next entire dividend, or other payment shall be'payable or recoverable,
portion due. in the case of a continuing rent, annuity, or other such pay-

ment, when the entire portion of which such apportioned
part shall form part shall become due and p'ayable, 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.

Persons shall
have same 5 . All persons and their respective heirs, executors,
remedies for administrators and assigns, and also the executors,

. administrators and assigns respectively of persons whose apportioned parts
, as for entire interests determine with their own deaths, shall have such

portions. and 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 other hereditaments of any tenure,
and the same lands or other hereditaments, shall not be


Apportionmnt (CAP. 32 3

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 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 con-
tinuing rent; and such apportioned part shall be recoverable
from such heir or other person by the executors of other par-
ties entitled under this Act to the same, by action at law.

6 . Nothing in this Act contained shall render appor- Epz;ti: 3 ~ 1 ~
tionable any annual sums made payable in policies of ass,r,,e.
assurance of any description.

7. The provisions of this Act shall not extend to any :;uz!;: made
case in which it is, or shall be, expressly stipulated that no to the contrary.
apportionment shall take place.
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