Apportionment Act

Short title

1 This Act may be cited as the Apportionment Act. R.S., c. 16, s. 1.

Interpretation

2 In this Act,

(a) "annuities" includes salaries and pensions;

(b) "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 whatsoever, incorporated or unincorporated, divisible among all or any of the members of such respective companies, whether such payments are usually made or declared at any fixed times or otherwise, but does not include payments in the nature of a return or reimbursement of capital;

(c) "rent" includes rent service, rent charge and rent seck, and also all periodical payments or renderings in lieu of or in the nature of rent. R.S., c. 16, s. 2.

Payments in the nature of income

3 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, during the period for or in respect to which the payment of the same is declared or expressed to be made, and shall be apportionable in respect to time accordingly. R.S., c. 16, s. 3.

When payable

4 The apportioned part of any such rent, annuity, dividend or other payment, shall be payable or recoverable at the following times and not before

(a) in the case of a continuing rent, annuity or other such payment, when the entire portion of which such apportionment forms part becomes due and payable; and

(b) 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. R.S., c. 16, s. 4.

Remedy preserved

5 (1) All persons and their respective heirs, executors, administrators and assigns, and also the executors, administrators and assigns respectively of persons whose interests determine with their own death, shall have the same remedies 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.

Entire or continuing rent

(2) No such apportioned part of any entire or continuing rent shall be recovered from any persons liable to pay rents reserved out of or charged on lands or other hereditaments of any tenure, or shall be recovered out of such lands or other hereditaments, 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 continuing rent, and such apportioned part shall be recoverable from such heir or other person by the executors or other persons entitled under this Act to the same. R.S., c. 16, s. 5.

Act does not apply

6 This Act shall not apply to any annual sums made payable in policies of assurance of any description, nor to any case in which it is expressly stipulated that no apportionment shall take place. R.S., c. 16, s. 6.