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New Clause—(Attachment Of Moneys Payable By The Crown)

Volume 439: debated on Friday 11 July 1947

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(1)Where any money is payable by the Crown to some person who, under any order of any court, is liable to pay any money to any other person, and that other person would, if the money so payable by the Crown were money payable by a subject, be entitled under rules of court to obtain an order for the attachment thereof as a debt due or accruing due, or an order for the appointment of a sequestrator or receiver to receive the money on his behalf, the High Court may, subject to the provisions of this Act and in accordance with rules of court, make an order restraining the first-mentioned person from receiving that money and directing payment thereof to that other person, or to the sequestrator or receiver:

Provided that no such order shall be made in respect of: —

  • (a) any wages or salary payable to any officer of the Crown as such;
  • (b) any money which is subject to the provisions of any enactment prohibiting or restricting assignment or charging or taking in execution: or
  • (c) any money payable by the Crown to any person on account of a deposit in the Post Office Savings Bank or in respect of a war savings certificate or national savings certificate.
  • (2)The provisions of the preceding Sub section shall, so far as they relate to forms of relief falling within the jurisdiction of a county court, have effect in relation to county courts as they have effect in relation to the High Court, but with the substitution of a reference to county court rules for any reference in the said subsection to rules of court.—[ The Attorney-General.]

    Brought up, and read the First time.

    I beg to move, "That the Clause be read a Second time."

    This is also a privilege Clause in the Bill.

    I beg to move, as an Amendment to the proposed Clause, to leave out lines 21 and 22.

    I raised, on Second Reading, this question of why there should be special exemption from the activities of creditors all war savings certificates and that kind of investment.

    Amendment agreed to.

    Question, "That the Clause, as amended, be read a Second time" put, and agreed to.

    Clause, as amended, added to the Bill.