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APPORTIONMENT ACT 1870 - SECT 4

Persons shall have the same remedies for recovering apportioned parts as for entire portions.

4. 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 at law and in equity 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 other hereditaments
of any tenure, 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 specificially, but the entire or continuing rent, including such
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 such entire or continuing rent, and such
apportioned part shall be recoverable from such heir or other person by the
executors or other parties entitled under this Act to the same by action at
law or suit in equity.

© 1870 Crown Copyright

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