Apportionment Act 1891 (WA)

WESTERN AUSTRALIA

ANNO QUINQUAGESIMO QUARTO

VICTORIA REGIN}E

No. 8

An Act for the better Apportionment of Rents and other

Periodical Payments.

[Assented to 26th February, 1891.

EREAS it is expedient to amend the law with respect to the Preamble

Apportionment of Rents and other periodical Payments : Be

it therefore enacted by the Queen's Most Excellent Majesty, by and

54 VICTORDE. No. 8

The Apportionment Act, 1891

with the advice and consent of the Legislative Council and Legislative Assembly of Western Australia, in this present Parliament assembled, as follows :—

Short title 1. The short title of this Act shall be The Apportionment Act,

1891:

Rents, Sc., to	2. From and after the passing of this Act, all rents, annuities,
accrue from day

to day and be	dividends, and other periodical payments in the nature of income
apportionable In	(whether reserved or made payable under an instrument in writing or
respect of time	otherwise), shall, like interest on money lent, be considered as accruing from day to day, and shall be apportionable in respect of time accordingly.

Apportioned part	3. The apportioned part of any such rent, annuity, dividend, or
of Rent, &e., to

be payable when other payment, shall be payable or recoverable in the case of a con- the next entire tinuing rent, annuity, or other such payment when the entire portionportion shal/

have become	of which such apportioned part shall form part shall become due and
due	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.
Persons shall

have the same 4. All persons and their respective heirs, executors, administrators

remedies for and assigns, and also the executors, administrators, and assigns respec-

recovering tively of persons whose interests determine with their own deaths,

afirforrteirarts shall have such or the same remedies at law and equity for recover-

parts ing such appointed parts as aforesaid, when payable (allowing propor-

tionate parts of all just allowances), as they respectively would have had for recovering such entire portions as aforesaid if entitled thereto

Proviso as to

rents reserved respectively ; provided that persons liable to pay rents reserved out of

ceitain in cases or charged on lands or other hereditaments of any tenure, and the same lands or other hereditaments shall not be resorted to for any such apportioned parts 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 xeceived 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 parties entitled under this Act to the same by action at law.

Interpretation of

terms 5. In the construction of this Act :—

The word Rents' includes rent service, rent charge, and rent seck ; and all periodical payments or renderings in lieu of or in the nature of rent.

The word ' Annuities ' includes Salaries and Pensions.

The word Dividends' includes (besides Dividends strictly so

called) all made by the name of dividend, bonus, or other- wise, out of the revenue of trading or other public com- panies, 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 revenue shall, for the purposes of this Act, be deemed to have accrued by equal daily increment during and within the period for or in respect of which the

54 VICTORIA. No. 8

The Apportionment Act, 1891

payment of the same revenue shall be declared or expressed to be made : but the said word ' Dividend' does not include payments in the nature of a return or reimbursement of capital.

6. Nothing in this Act contained shall render apportionable Act not to apply

any annual sums made payable in policies of assurance of any Assurance	to Policies of
description.

7. The provisions of this Act shall not extend to any case in which Nor where

it is or shall be expressly stipulated that no apportionment shell take	stipulations made
to the contrary
place.

W. C. F. ROBINSON,

GOVERNOR.