✨ Text of Legislation
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10. It shall be lawful for a Judge, upon the ex parte applica- Judge may order an
tion of such judgment creditor, either before or after such oral ex- attachment of debts.
amination and upon affidavit by himself or his solicitor stating that
judgment has been recovered, and that it is still unsatisfied, and to
what amount, and that any other person is indebted to the judgment
debtor, and is within the jurisdiction, to order that all debts owing
or accruing from such third person (hereinafter called the sub-
debtor) to the judgment debtor shall be attached to answer the
judgment debt; and by the same or any subsequent order it may be
ordered that the sub-debtor shall appear before the Judge or a Re-
gistrar of the Court, as such Judge shall appoint, to show cause why
he should not pay the judgment creditor the debt due from him to
the judgment debtor, or so much thereof as may be sufficient to
satisfy the judgment debt.
-
Service of an order that debts due or aceruing to the Order for attachment
judgment debtor shall be attached, or notice thereof to the sub- to bind debts.
debtor, in such manner as the Judge shall direct, shall bind such
debts in his hands. -
If the sub-debtor does not forthwith pay into Court the Proceedings to levy
amount due from him to the judgment debtor, or an amount equal amount due from sub-
to the judgment debt, and does not dispute the debt due or claimed debtor to judgment
to be due from him to the judgment debtor, or if he does not appear
upon summons, then the Judge may order execution to issue, and it
may be sued forth accordingly, without any previous writ or process
to levy the amount due from such sub-debtor towards satisfaction of
the judgment debt. -
If the sub-debtor dispute his liability, the Judge, instead Judge may allow judg-
of making an order that execution shall issue, may order that the ment creditor to sue
judgment creditor shall be at liberty to proceed against the sub- the sub-debtor.
debtor by Writ, calling upon him to show cause why there should
not be execution against him for the alleged debt, or for the amount
due to the judgment debtor, if less than the judgment debt, and for
costs of suit; and the proceedings upon such suit shall be the same,
as nearly as may be, as upon a Writ of Revivor issued under the
General Rules of the said Court. -
Payment made by or execution levied upon the sub-debtor Sub-debtor discharged
under any such proceeding as aforesaid shall be a valid discharge
to him as against the judgment debtor to the amount paid or
levied, although such proceeding may be set aside, or the judgment
reversed. -
In each judicial district of the Supreme Court there shall Attachment books to
be keptat the Registrar's office a debt attachment book, and in be kept by the Regis-
such book entries shall be made of the attachment and proceed- trars of the Court.
ings thereon with names, dates, and statements of the amount re-
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NZ Gazette 1856, No 24
✨ LLM interpretation of page content
🏛️
Continuation of Evidence Provisions of Law Amendment Act, 1856 (Sections 10-15)
(continued from previous page)
🏛️ Governance & Central Administration7 July 1856
Debt attachment, Judgment creditor, Sub-debtor, Supreme Court, Registrar, Execution, Liability dispute