ORDINANCE No. 2 OF 1886. 1955
Apportionment.
2. From and after the commencement of this Ordinance all rents , Rents, &c. to
accrue from
annuities, dividends, and other periodical payments in the nature of in day to day ,
and be
come (whether reserved or made payable under an instrument in writing apportionable
in respect of
or otherwise ) shall, like interest on money lent, be considered as accruing time.
[Ibid, s. 2. ]
from day to day, and shall be apportionable in respect of time accordingly .
3. The apportioned part of any such rent, annuity , dividend , or Apportioned
part of rent,
other payment shall be payable or recoverable in the case of a continuing &c . to be
payable when
rent , annuity , or other such payment , when the entire portion of which the next
entire portion
such apportioned part shall form part, shall become due and payable becomes due.
[Ibid, s. 3. ]
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.
4. All persons and their respective executors , administrators , and Persons shall
have the same
assigns , and also the executors, administrators , and assigns respectively of remedies for
recovering
persons whose interests determine with their own deaths, shall have such apportioned
parts as for
or the same remedies at law and in equity for recovering such apportioned entire
portions.
parts as aforesaid when payable ( allowing proportionate parts of all just Ibid, s . 4. ]
allowances ) as they respectively would have had for recovering such
entire portions as aforesaid if entitled thereto respectively ; provided that Proviso as to
rents reserved
persons liable to pay rents reserved out of or charged on lands or tene in certain
cases.
ments , and the same lands or tenements , shall not be resorted to for any
such apportioned part forming part of an entire or continuing rent as afore
said specifically, but the entire or continuing rent, including such appor
tioned 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 ,
Interpreta
tion of terms.
The word rents shall include all periodical payments or render
[Ibid, s. 5.]
ings 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 the revenue of trading or other public