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Judgments Act 1838

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This is the original version (as it was originally enacted).

XVOrder of Judge to be made in the first instance ex parte, and on Notice to the Bank or Company to operate as a Distringas.

And in order to prevent any Person against whom Judgment shall have been obtained from transferring, receiving, or disposing of any Stock, Funds, Annuities, or Shares hereby authorized to be charged for the Benefit of the Judgment Creditor under an Order of a Judge, be it further enacted, That every Order of a Judge charging any Government Stock, Funds, or Annuities, or any Stock or Shares in any Public Company, under this Act, shall be made in the first instance ex parte, and without any Notice to the Judgment Debtor, and shall be an Order to show Cause only; and such Order, if any Government Stock, Funds, or Annuities standing in the Name of the Judgment Debtor in his own Right, or in the Name of any Person in Trust for him, is to be affected by such Order, shall restrain the Governor and Company of the Bank of England from permitting a Transfer of such Stock in the meantime and until such Order shall be made absolute or discharged; and if any Stock or Shares of or in any Public Company, standing in the Name of the Judgment Debtor in his own Right, or in the Name of any Person in Trust for him, is or are to be affected by any such Order, shall in like Manner restrain such Public Company from permitting a Transfer thereof; and that if, after Notice of such Order to the Person or Persons to be restrained thereby, or in case of Corporations to any authorized Agent of such Corporation, and before the same Order shall be discharged or made absolute, such Corporation or Person or Persons shall permit any such Transfer to be made, then and in such Case the Corporation or Person or Persons so permitting such Transfer shall be liable to the Judgment Creditor for the Value or Amount of the Property so charged and so transferred, or such Part thereof as may be sufficient to satisfy his Judgment; and that no Disposition of the Judgment Debtor in the meantime shall be valid or effectual as against the Judgment Creditor; and further, that, unless the Judgment Debtor shall within a Time to be mentioned in such Order show to a Judge of one of the said Superior Courts sufficient Cause to the contrary, the said Order shall, after Proof of Notice thereof to the Judgment Debtor,: his Attorney or Agent, be made absolutes Provided that any such Judge shall, upon the Application of the Judgment Debtor, or any Person interested, have full Power to discharge or vary such Order, and to award such Costs Upon such Application as he may think fit.

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