ORDINANCE No. 2 of 1886.
Apportionment.
2. From and after the commencement of this Ordinance all rents, annuities, dividends, and other periodical 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 accordingly.
1955
Rents, &c. to accrue from day to day, and be apportionable in respect of time.
[Ibid, s. 2.]
Apportioned part of rent, &c. to be payable when the next entire portion becomes due.
3. 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.
[Ibid, s. 3.]
Persons shall have the same remedies for recovering apportioned parts as for entire portions.
4. All persons and their respective executors, administrators, and assigns, and also the executors, administrators, and assigns respectively of persons whose interests 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 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 tenements, 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 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,
The word rents shall include all periodical payments or 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 the revenue of trading or other public companies.
Proviso as to rents reserved in certain cases.
Interpretation of terms. [Ibid, s. 5.]
ORDINANCE No. 2 of 1886.
Apportionment.
2. From and after the commencement of this Ordinance all rents, annuities, dividends, and other periodical payments in the nature of in- come (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 accordingly.
1955
Rents, c. to accrue from day to day, and be
apportionable
in respect of time.
[bid, s. 2.]
Apportioned part of rent,
payable when the next entire portion
3. The apportioned part of any such rent, annuity, dividend, or other payment shall be payable or recoverable in the case of a continuing c. to be rent, annuity, or other such payment, when the entire portion of which such apportioned part shall form part, shall become due and payable becomes due. 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.
[Ibid, s. 3.]
Persons shall remedies for
have the same.
recovering apportioned parts as for entire portions.
4. All persons and their respective executors, administrators, and assigns, and also the executors, administrators, and assigns respectively of persons whose interests 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 bid, s. 4.1 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 tene- 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,
The word rents shall include all periodical payments or render-
ings in lieu of or in the nature of rent.
The word annuitie
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
Proviso as to rents reserved in certain cases.
Interpreta- tion of terms. [Ibid, s. 5.]
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