CAP. 18]
Remedies for recovering apportioned parts.
33 & 34 Vict. c. 35, s. 4.
Exclusion of policies of assurance.
33 & 34 Vict. c. 35, s. 6.
Exclusion by express stipulation.
33 & 34 Vict. c. 35, s. 7.
Apportionment.
5. 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 action or suit.
6. Nothing in this Ordinance shall render apportionable annual sums made payable in policies of assurance of any description.
7. This Ordinance shall not extend to any case in which it may be expressly stipulated that no apportionment shall take place.
354
CAP. 18]
Remedies for recovering apportioned parts.
33 & 34 Vict. c. 35, s. 4.
Exclusion of policies of
assurance.
33 & 34 Vict.
c. 35, s. 6.
Exclusion by express
stipulation.
33 & 34 Vict. c. 35, s. 7.
Apportionment.
5. All persons and their respective executors, administrators, and assigns, and also the executors, ad- ministrators, 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 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 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 recover- able from such person by the executors or other parties entitled under this Ordinance to the same by action or suit.
6. Nothing in this Ordinance shall render apportion- annual sums made payable in policies of assurance any of any description.
able
7. This Ordinance shall not extend to any case in which it may be expressly stipulated that no apportionment shall take place
354
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