Apportionment Act

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Published: 2016-01-05

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Apportionment Act


An Act for the Better Apportionment of
Rents and Other Periodical Payments

Short title
1 This Act may be cited as the Apportionment Act. R.S., c. 16, s. 1.

2 In this Act,

(a) "annuities" includes salaries and pensions;

(b) "dividends" includes, besides dividends strictly so called, allpayments made by the name of dividend, bonus or otherwise outof the revenue of trading or other public companies whatsoever,incorporated or unincorporated, divisible among all or any of themembers of such respective companies, whether such payments areusually made or declared at any fixed times or otherwise, but doesnot include payments in the nature of a return or reimbursement ofcapital;

(c) "rent" includes rent service, rent charge and rent seck, andalso all periodical payments or renderings in lieu of or in thenature of rent. R.S., c. 16, s. 2.

Payments in the nature of income
3 All rents, annuities, dividends and other periodical payments in thenature of income, whether reserved or made payable under an instrumentin writing or otherwise, shall, like interest on money lent, be consideredas accruing from day to day, during the period for or in respect to whichthe payment of the same is declared or expressed to be made, and shallbe apportionable in respect to time accordingly. R.S., c. 16, s. 3.

When payable
4 The apportioned part of any such rent, annuity, dividend or otherpayment, shall be payable or recoverable at the following times and notbefore

(a) in the case of a continuing rent, annuity or other suchpayment, when the entire portion of which such apportionmentforms part becomes due and payable; and

(b) in the case of a rent, annuity or other such paymentdetermined by re-entry, death or otherwise, when the next entireportion of the same would have been payable if the same had notso determined. R.S., c. 16, s. 4.

Remedy preserved
5 (1) All persons and their respective heirs, executors,administrators and assigns, and also the executors, administrators andassigns respectively of persons whose interests determine with their owndeath, shall have the same remedies for recovering such apportionedparts as aforesaid when payable, allowing proportionate parts of all justallowances, as they respectively would have had for recovering suchentire portions as aforesaid if entitled thereto respectively.

Entire or continuing rent
(2) No such apportioned part of any entire or continuing rent shall berecovered from any persons liable to pay rents reserved out of or chargedon lands or other hereditaments of any tenure, or shall be recovered outof such lands or other hereditaments, but the entire or continuing rent,including such apportioned part, shall be recovered and received by theheir or other person who, if the rent had not been apportionable underthis Act, or otherwise, would have been entitled to such entire orcontinuing rent, and such apportioned part shall be recoverable from suchheir or other person by the executors or other persons entitled under thisAct to the same. R.S., c. 16, s. 5.

Act does not apply
6 This Act shall not apply to any annual sums made payable inpolicies of assurance of any description, nor to any case in which it isexpressly stipulated that no apportionment shall take place. R.S., c. 16,s. 6.