Australian Capital Territory Repealed Acts

This legislation has been repealed.

CONVEYANCING ACT 1919 (REPEALED) - SECT 144

    (1)     All rents, annuities, dividends, and other periodical payments in the nature of income (whether reserved or made payable under an instrument or otherwise) are, like interest on an amount lent, taken to accrue from day-to-day, and must be apportioned in relation to time accordingly.

    (2)     The apportioned part of the rent, annuity, dividend or other periodical payment is payable or recoverable—

        (a)     for a continuing payment—when the entire payment of which the apportioned part forms part becomes payable, and not before; and

        (b)     for a payment determined by re-entry, death or otherwise—when the next entire payment would have been payable if it had not been determined, and not before.

    (3)     A person has, and the executors, administrators and assigns of a person (including a person whose interest ends on the person's death) have, the same rights, at law and in equity, for recovering the apportioned parts of periodical payments when payable (allowing proportionate parts of all just allowances) as they would have had for recovering the entire payments if they were entitled to them.

    (4)     However, if a person is liable to pay rent in relation to an interest in land, the person and the interest must not be resorted to specifically for any apportioned part of an entire or continuing rent.

    (5)     The entire or continuing rent, including any apportioned part, may instead be recovered by the person who, if the rent had not been apportionable under this section or otherwise, would have been entitled to the entire or continuing rent.

    (6)     The apportioned part of the entire or continuing rent is then recoverable from the person mentioned in subsection (5) by a person entitled to it under this section.

    (7)     This section does not make apportionable an annual amount payable under a policy of assurance.

    (8)     This section does not apply to any case in which it is expressly stipulated that apportionment is not to take place.