Acts and Regulations

P-19 - Property Act

Full text
Idem
6All persons and their respective executors and assigns, and also the executors and assigns respectively of persons whose interests determine with their own deaths, shall have such or the same remedies for recovering the apportioned parts as aforesaid when payable, allowing the proportionate parts of all just allowances, as they respectively would have had for recovering such entire portions as aforesaid if entitled thereto respectively; but persons liable to pay rents reserved out of, or charged on lands or other hereditaments, 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 specifically, but the entire or continuing rent included such apportioned part shall be recovered and received by the executor 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 the executor or other person by other parties entitled under this Act to the same, by action in any court of competent jurisdiction.
R.S., c.177, s.5