The Apportionment Ordinance, 1886
No. 2 of 1886.
An Ordinance enacted by the Governor of Hongkong, with the advice and consent of the Legislative Council thereof, for the better Apportionment of Rents and other Periodical Payments.
[10th March, 1886.]
Be it enacted by the Governor of Hongkong, with the advice of the Legislative Council thereof, as follows:—
Short Title. [33 and 34 V. c. 35, §. 1.] 1. This Ordinance may be cited for all purposes as The Apportionment Ordinance, 1886.
Rents, &c. to accrue from day to day, and be apportionable in respect of time [Ibid. s. 2.] 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.
Apportioned part of rent, &c. to be payable when the next entire portion becomes due. [Ibid. s. 3.] 3. The apportioned part of any such Rent, Annuity, Dividend, or other Payment shall be payable or recoverable in the case of 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.
Persons shall have the same remedies for recovering apportioned parts as for entire portions. [Ibid. s. 4.] 4. All persons and their respective Executors, Administrators, and Assigns, and also the Executors, Administrators, and Assigns respectively of persons whose interest 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, 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.
Interpretation of terms. [Ibid. s. 5.] 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 persions.
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, 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 Ordinance, 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 Dividends shall not include payments in the nature of a return or reimbursement of capital.
Ordinance not to apply to Policies of Assurance. [Ibid. s. 6.] 6. Nothing in this Ordinance contained shall render apportionable any annual sums made payable in Policies of Assurance of any description.
Nor where stipulation made to the contrary. [Ibid. s. 7.] 7. The provisions of this Ordinance shall not extend to any case in which it is or shall be expressly stipulated that no apportionment shall take place.
Clerk of Councils.