Apportionment Act, 1834
APPORTIONMENT ACT 1834 | ||
C A P. XXII. | ||
An Act to amend an Act of the Eleventh Year of King George the Second, respecting the Apportionment of Rents, Annuities, and other periodical Payments. [16th June 1834.] | ||
11 G. 2. c. 19. | ||
Rents reserved on Leases determining on the Death of the Person making them (though not strictly Tenant for Life), or on the Death of the Tenant pur autre vie, to be considered as within the Provisions of recited Act. | ||
‘Whereas by an Act passed in the Eleventh Year of the Reign of His Majesty King George the Second, intituled An Act for the more effectual securing the Payment of Rents, and preventing Frauds by Tenants, it was enacted, that where any Tenant for Life should happen to die before or on the Day on which any Rent was reserved or made payable upon any Demise or Lease of any Lands, Tenements, or Hereditaments which determined on the Death of such Tenant for Life, the Executors or Administrators of such Tenant for Life should and might, in an Action on the Case, recover of and from such Undertenant or Undertenants of such Lands, Tenements, or Hereditaments, if such Tenant for Life die on the Day on which the same was made payable the whole, or if before such Day then a Proportion of such Rent according to the Time such Tenant for Life lived of the last Year or Quarter of a Year or other Time in which the said Rent was growing due as aforesaid, making all just Allowances, or a proportionable Part thereof respectively: And whereas Doubts have been entertained whether the Provisions of the said Act apply to every Case in which the Interests of Tenants determine on the Death of the Person by whom such Interests have been created, and on the Death of any Life or Lives for which such Person was entitled to the Lands demised, although every such Case is within the Mischief intended to have been remedied and prevented by the said Act; and it is therefore desirable that such Doubts should be removed by a declaratory Law: And whereas, by Law, Rents, Annuities, and other Payments due at fixed or stated Periods are not apportionable (unless express Provision be made for the Purpose), from which it often happens that Persons (and their Representatives) whose Income is wholly or principally derived from these Sources by the Determination thereof before the Period of Payment arrives are deprived of Means to satisfy just Demands, and other Evils arise from such Rents, Annuities, and other Payments not being apportionable, which Evils require Remedy:’ Be it therefore enacted and declared by the King’s most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, That Rents reserved and made payable on any Demise or Lease of Lands, Tenements, or Hereditaments which have been and shall be made, and which Leases or Demises determined or shall determine on the Death of the Person making the same (although such Person was not strictly Tenant for Life thereof), or on the Death of the Life or Lives for which such Person was entitled to such Hereditaments, shall, so far as respects the Rents reserved by such Leases, and the Recovery of a Proportion thereof by the Person granting the same, his or her Executors or Administrators (as the Case may be), be considered as within the Provisions of the said recited Act. |