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RSNL1990

CHAPTER A-11

APPORTIONMENT ACT

Amended:

CHAPTER A-11

AN ACT RESPECTING THE APPORTIONMENT OF PERIODICAL PAYMENTS

Analysis

Short title

Definitions

Apportionment

Part payable

Remedies

Act not to apply

No apportionment

Short title

This Act may be cited as the Apportionment Act.

RSN1970 c11 s1

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Definitions

In this Act

(a)

"annuity" includes salary and pension;

(b)

"dividend" includes a payment made by the name of dividend, bonus or otherwise out of the revenue of trading or other public companies, divisible between all or some of the members of the respective companies, whether the payment is usually made or declared at fixed times or otherwise; and all the divisible revenue shall be considered to have accrued by equal daily increment during and within the period for which the payment of the revenue shall be declared or expressed to be made, but "dividend" does not include a payment in the nature of a return or reimbursement of capital; and

(c)

"rent" includes rent charge and rent seck and a periodical payment or rendering in place of or in the nature of rent.

RSN1970 c11 s2

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Apportionment

All rents, annuities, dividends and other periodical payments in the nature of income whether reserved or made payable under a written instrument 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.

RSN1970 c11 s3

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Part payable

The apportioned part of the rent, annuity, dividend or other payment is payable or recoverable in the case of a continuing rent, annuity or other payment when the entire portion, of which the apportioned part forms part, becomes due, and not before, and in the case of a rent annuity or other payment determined by re-entry, death, or otherwise, when the next entire portion of the rent would have been payable if the rent had not so determined, and not before.

RSN1970 c11 s4

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Remedies

(1) All persons and their respective executors, administrators, and assigns, and the executors, administrators and assigns respectively of persons whose interests determine with their own deaths, shall have those remedies for recovering the apportioned parts when payable, allowing proportionate parts of all just allowances, as they respectively would have had for recovering the entire portions if entitled to them respectively.

(2) A person liable to pay rents reserved out of or charged on lands or tenements, and the lands or tenements, shall not be resorted to for an apportioned part referred to in subsection (1) forming part of an entire or continuing rent but the entire or continuing rent, including the 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 the entire or continuing rent, and the apportioned part shall be recoverable from that person by the executors or other parties entitled under this Act to it by action.

RSN1970 c11 s5

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Act not to apply

Nothing in this Act shall render apportionable an annual sum made payable in policies of assurance of any description.

RSN1970 c11 s6

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No apportionment

This Act shall not extend to a case in which it is expressly stipulated that no apportionment is to take place.

RSN1970 c11 s7

Earl G. Tucker, Queen's Printer