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Judgments Act 1838

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This is the original version (as it was originally enacted).

LVIAssignees Fewer not to extend to the Pay or Pension of Naval, Military, or Civil Officers.

And be it enacted, That nothing in this Act contained shall extend to entitle the Assignee or Assignees of the Estate and Effects of any such Prisoner, being or having been an Officer of the Army or Navy, or an Officer or Clerk, or otherwise employed or engaged in the Service of Her Majesty, in the Customs or Excise, or any Civil Office, or other Department whatsoever, or being or having been in the Naval or Military Service of the East India Company, or an Officer or Clerk or otherwise employed or engaged in the Service of the Court of Directors of the said Company, or being otherwise in the Enjoyment of any Pension whatever under any Department of Her Majesty's Government or from the said Court of Directors, to the Pay, Half Pay, Salary, Emoluments, or Pension of any such Prisoner, for the Purposes of this Act: Provided always, that it shall be lawful for the said Court to order such Portion of the Pay, Half Pay, Salary, Emoluments, or Pension of any such Prisoner, as on Communication from the said Court to the Secretary at War, or the Lords Commissioners of the Admiralty, or the Commissioners of the Customs or Excise, or the Chief Officer of the Department to which such Prisoner may belong or have belonged, or under which such Pay, Half Pay, Salary, Emoluments, or Pension may be enjoyed by such Prisoner, or the said Court of Directors, he or they may respectively, under his or their Hands or under the Hand of his or their Chief Secretary, or other chief Officer for the Time being, consent to in Writing, to be paid to such Assignee or Assignees, in order that the same may be applied in Payment of the Debts of such Prisoner; and such Order and Consent being lodged in the Office of Her Majesty's Paymaster General, or of the Secretary of the said Court of Directors, or of any other Officer or Person appointed to pay, or paying, any such Pay, Half Pay, Salary, Emoluments, or Pension, such Portion of the said Pay, Half Pay, Salary, Emoluments, or Pension as shall be specified in such Order and Consent shall be paid to the said Assignee or Assignees, until the said Court shall make Order to the contrary.

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