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	Statutes of Northern Ireland
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APPORTIONMENT ACT 1870

APPORTIONMENT ACT 1870 - LONG TITLE

An Act for the better Apportionment of Rents and other periodical
Payments.
[1st August 1870]
Preamble rep. by SLR 1893 (No.2)

APPORTIONMENT ACT 1870 - SECT 1
Short title.

1. This Act may be cited for all purposes as "The Apportionment
Act, 1870."

APPORTIONMENT ACT 1870 - SECT 2
Rents, &c. to be apportionable in respect of time.

2. 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.

APPORTIONMENT ACT 1870 - SECT 3
Apportioned part of rent, &c. to be payable when the next entire
portion shall have become due.

3. The apportioned part of any such rent, annuity, dividend, or
other payment shall be payable or recoverable in the case of a
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.

APPORTIONMENT ACT 1870 - SECT 4
Persons shall have the same remedies for recovering apportioned parts
as for entire portions.

4. 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
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 other
hereditaments of any tenure, and the same lands or other
hereditaments shall not be resorted to for any such apportioned part
forming part of an entire or continuing rent as aforesaid
specificially, 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 parties
entitled under this Act to the same by action at law or suit in
equity.

APPORTIONMENT ACT 1870 - SECT 5
Interpretation.

5. In the construction of this Act

The word "rents" includes rent service, rentcharge, and rent seck,
and also tithes and all periodical payments or renderings in lieu
of or in the nature of rent or tithe.

The word "annuities" includes salaries and pensions.

The word "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, 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 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.

APPORTIONMENT ACT 1870 - SECT 6
Act not to apply to policies of assurance;

6. Nothing in this Act contained shall render apportionable any
annual sums made payable in policies of assurance of any
description.

APPORTIONMENT ACT 1870 - SECT 7
nor where stipulation made to the contrary.

7. The provisions of this Act shall not extend to any case in
which it is or shall be expressly stipulated that no apportionment
shall take place.