The Apportionment Act 1905 (SA)

ANNO QUINTO

EDWARDI V11 REGIS.

A. D. 1905.

No. 898.

An Act for the better apportionment of Rents and other

Periodical Payments.

[Assented to, December @h, 1905. ]

E it Enacted by the Governor of the State of South Australia,

follows: B with the advice and consent of the Parliament thereof, as

1. This Act may be cited as The Apportionment Act, 1905." short title-

2,	In this Act-	Definitions.
-4nnuities " includes salaries and pensions: Dividends " includes (besides dividends strictly so called) all

payments made by the name of dividend, bonus, or other-

wise out of the revenue of trading or other public companies, divisible between all or any of the members of such respec- tive companies, whether such payments shall be usually made or declared at any fixed times or otherwise; and all such divisible revenue shall, for t h ~ 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 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:

Rent " includes all periodical payments or renderings in lieu

of or in the nature of rent.

898 3, From

5" EDWAKDI VII, No. 898.

The Apportionment Act.- 1905.

Apportionment of

rents in respect 3, From and after the passing of this Act all rent, annuities,

of time.	dividends, and other periodical payments in the nature of income
33 & 34 Vie.,	(whether reserved or made payable under an instrument in writing,
C. 36, B. 2.	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.
When apportioned

part payable or 4. The apportioned part of any such rent, annuity, dividend, or

recoverable.	other payment shall be payable or recoverable, in the case of a
Ibid., 8. 3.	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 reoentry, 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.
Right
apportioned parts.	6, 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 recoveriug such apportioned parts as aforesaid when payable (allowing proportionate parts of all just allowances) as they re- spectively would have had for recovering such entire portions as aforesaid if entitled thereto respectively: Provided that persons liable to pay rent reserved out of or charged on lands or other here- ditaments of any tenure, and the same lands or other hereditaments shallnot 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 Act, 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
Ibid., a. 4.
equity. entitled under this Act to the same by action at law or suit in
Policies of assurance.

Ibid., E. 6. 6. Nothing in this Act shall render apportionable ally annual

sums made payable in policies of assnrance of any description.

Contracting out. 7, This Act shall not extend to any case in which it is or shall

Ibid., a. i. be expressly stipulated that no apportionment shall take plime.

In the name and on behalf of His Majesty, I hereby assent to

this Bill.

GEORGE R. LE HUNTE, Governor.

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Adelaide : By authority, C. E. BEISTOW, Government Printer, North Terrace.