Apportionment Act

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Published: 1919-07-04



14th July, 1919.1

1. This Act may be cited as the Apportionment Act. sorttitle.

tion. 2. In this Act-

“rents” includes rent-service, rent-charge and rent-seck
and all periodical payments in lieu of or in the nature
of rent;

“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 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.

3. All rents, annuities, dividends and other periodical Apportion-
ment 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

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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 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.


who a n 5. All persons and their respective heirs, executors,
administrators, and assigns, and also all 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 respec-
tively 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 and the same lands 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 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 recover-
able 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.

6. This Act shall not render apportionable any annual
sums made payable in policies of assurance of any descrip
tion and shall not extend to any case in which it is or shall
be expressly stipulated that no apportionment shall take


Of extent

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