APPORTIONMENT
16A Interpretation cite [+]
In this Part, unless the context otherwise requires-
"annuities" includes salaries and pensions;
"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 the respective companies, whether the payments are usually made or declared at any fixed times or otherwise; and all such divisible revenue shall, for the purposes of this Part, 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 is declared or expressed to be made, but the said word "dividends" does not include payments in the nature of a return or reimbursement of capital;
"rents" includes all periodical payments or renderings in lieu of or in the nature of rent but does not include rent payable to the State Authority (that is to say, payments of the nature included in the definition of "rent" in the National Land Code [Act 56 of 1965]) in respect of alienated land (as so defined).
16B Rents, etc., to accrue from day to day cite [+]
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.
16C Apportioned part of rent, etc., to be payable when the next entire portion due cite [+]
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 forms part becomes 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.
16D Remedies for recovering apportioned parts cite [+]
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 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 Part or otherwise, would have been entitled to such entire or continuing rent, and such apportioned part shall be recoverable from the person by the executors or other parties entitled under this Part to the same by suit.
16E Exclusion of policies of assurance cite [+]
Nothing in this Part shall render apportionable any annual sums made payable in policies of assurance of any description.
16F Exclusion by express stipulation cite [+]
This Part shall not extend to any case in which it may be expressly stipulated that no apportionment shall take place.
16G Validation of past apportionments cite [+]
No payment, composition, discharge or settlement of account made or given prior to 28 December 1928, in Malacca or Penang, or to the commencement of this Part in other States shall be deemed invalid by reason only of the fact that it was made or given in pursuance of the apportionment of a periodical payment not lawfully apportionable, if the apportionment would have been lawful, had it been made after the aforesaid date and under this Part.
