|This is an unofficial archived version of The Apportionment Act|
as enacted by SM 1987-88, c. 9 on July 17, 1987.
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R.S.M. 1987, c. A100
The Apportionment Act
|Table of Contents|
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:
In this Act,
"annuities" includes salaries and pensions: ("rentes")
"dividends" includes all payments made by the name of dividend, bonus, or otherwise, out of revenues of trading or other public companies divisible between all or any of the members, whether those payments are usually made or declared at any fixed time or otherwise, but does not include payments in the nature of a return or reimbursement of capital; ("dividendes")
"rent" includes rent service, rent charge, and rent seek, and all periodical payments or renderings in lieu or in the nature of rent. ("loyer")
Dividends 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 thereof is declared or expressed to be made.
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 deemed to accrue from day to day, and are apportionable in respect of time accordingly.
The apportioned part of any such rent, annuity, dividend, or other periodical payment is payable or recoverable,
(a) in the case of a continuing rent, annuity, dividend, or other such payment, when the entire portion, of which that apportioned part forms part, becomes due and payable, and not before; and
(b) in the case of a rent, annuity, or other such payment determined by re-entry, death, or otherwise, when the next entire portion thereof would have been payable if it had not so determined, and not before.
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 for recovering any such apportioned parts when payable, allowing proportionate parts of all just allowances, as they respectively would have had for recovering the entire portions if entitled thereto.
The persons liable to pay rents reserved out of, or charged on, lands or other hereditaments, and those lands or other hereditaments, shall not be resorted to for any such apportioned part forming part of the entire or continuing rent specifically, but the entire or continuing rent, including that 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 the entire or continuing rent; and the apportioned part is recoverable by action from the heir or other person by the executors or other persons entitled thereto under this Act.
Nothing in this Act renders apportionable any annual sums made payable in policies of insurance of any description, or extends to any case in which it is expressly stipulated that no apportionment shall take place.