APPORTIONMENT. [ 2 of 1886. ) 797
2. From and after the commencement of this ordinance all Rents, &c. to
accrue from
rents, annuities, dividends, and other periodical payments in day to day,
and be
the nature of income ( whether reserved or made payable under apportionable
an instrument in writing or otherwise ) shall, like interest on in respect of
money lent, be considered as accruing from day to day, and time , s. 2. ]
[ Ibid,
shall be apportionable in respect of time accordingly .
3. The apportioned part of any such rent, annuity, dividend , Apportioned
or other payment shall be payable or recoverable in the case of &part of rent,
a continuing rent, annuity , or other such payment, when the the payable
next
when
entire portion of which such apportioned part shall form part, entire portion
shall become due and payable and not before; and in the case [becomes
Ibid, s. duc.
3. ]
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 .
4. All persons and their respective executors, administrators , Persons shall
and assigns, and also the executors, administrators, and assigns have thesame
respectively of persons whose interests deterrnine with their own recovering
deaths, shall have such or the same remedies at law and in apportioned
pirts as for
equity for recovering such apportioned parts as aforesaid when portions
entire
payable ( allowing proportionate parts of all just allowances) as perbia,s.4.]
they respectively would have had for recovering such entire
portions as aforesaid if entitled thereto respectively; provided rents
Provisoreserved
as to
that persons liable to pay rents reserved out of or charged on in certain
lands or tenements, and the same lands or tenements, shall not cases.
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 ordinance to the
same by suit or action.
5. In the construction of this ordinance, - Interpretat
tion of terms,
The word rents shall include all periodical payments or [ Ibid, s. 5.]
renderings in lieu of or in the nature of rent .
The word annuities shall include salaries and pensions.
The word dividends shall include ( besides dividends strictly
so called ) all payments made by the name of dividend,
bonus, or otherwise out of therevenue 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