STATUTE OF LIMITATIONS (NORTHERN IRELAND) 1958 - SECT 68 Appropriation of payment in respect of debts.

	[Home] [Databases] [World Law] [Search] [Feedback]
	Northern Irish Legislation
You are here: BAILII >> Databases >> Northern Irish Legislation >> STATUTE OF LIMITATIONS (NORTHERN IRELAND) 1958

[Index] [Table] [Search] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

STATUTE OF LIMITATIONS (NORTHERN IRELAND) 1958 - SECT 68

Appropriation of payment in respect of debts.

68.(1) Where

(a)there exists a number of debts; and

(b)the person liable therefor (in this section referred to as "the debtor")
makes any payment, whether on account or generally, to the person to whom he
is liable (in this section referred to as "the creditor"); and

(c)neither the debtor nor the creditor appropriates the sum paid to any
particular debt or debts;

(i) if some of or all the debts are not statute-barred debts, the payment
shall, for the purposes of this Part, unless the circumstances in which it was
made indicate otherwise, be deemed to be appropriated pari passu in respect of
each of the debts which are not statute-barred debts;

(ii)if all the debts are statute-barred debts, the payment shall, for the
purposes of this Part, unless the circumstances in which it was made indicate
otherwise, be deemed to be appropriated pari passu in respect of each of the
debts.

(2) Nothing in sub-section (1) shall, where the debtor does not appropriate,
operate to prevent the creditor from appropriating a payment made on account
or generally to a particular debt or to particular debts or to all the debts
(whether statute-barred debts or not), but such appropriation shall not by
reason only of its being made by the creditor operate to make the payment a
payment for the purposes of this Part in respect of such debt or debts, unless
the circumstances in which the payment was made by the debtor so indicate.

(3) Where, under section sixteen of the Land Law (Ireland) Act, 1896, a tenant
against whom an ejectment has been brought pays two years' rent, the payment
shall for the purposes of this Part, unless the circumstances in which it was
made indicate otherwise, be deemed to be a payment in respect of all arrears
which, at the date of the commencement of the proceedings in the ejectment,
are not statute-barred debts.

[Index] [Table] [Search] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback
URL: http://www.bailii.org/nie/legis/num_act/soli1958408/s68.html

Northern Irish Legislation

STATUTE OF LIMITATIONS (NORTHERN IRELAND) 1958 - SECT 68