for the maintenance
and
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all
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12928
to such provisions in
M'lius.
not
assign
ete his prisûn
Tracy M
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ties, atter to but
In
Cam
Di pensioner may lorock 98291)
of bankrupter of a premium the Count
of bankruptcy
third to be applied for the dischaye When debts
lorda 32 of 81 m.
regards the the persion wast
Al-simy order, Candy act on
unsation that if as Good unbit hald to
The Grand
KO
may order not work then
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A
the word be alt 7. E. & Cylon
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$731/6/20.
81.31.
981 $213120.
Then
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care
Cou
await lie? Piggot's
No not yet
the
173, 2/3/20 how
affle for the fold to exercise his powers of withing
phant. SF. Pissot appear
to kiem. #.U.K. Jx.. wt clear that ACs apply
to an
mi bu UK. The fort. & Manities cannot apperenth, cease to pay
pension time it is paid to Sr. F.P. in this county
C
the Coll fort. can no longer conter it's disposal I pressure.
ora 13.3.20
ower by
A
Court of Sankrapt
This dose 14 ausi eget
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ku bottins
Un indle
Festina lente!
71
Sir F.Piggott has not yet
been adjudicated a bankrupt and until he is the question as to whether his pensions will cease or become vested wholly or partially in the Trustee in bankruptcy does
not arise. In the meantime between the receiving order and adjudication we may, knowing him as we do, expect trouble with regard to his two pensions, over which he will probably contend that the Secretary of State possesses no power of control whatever and which he will probably maintain to be his "property" for the purposes of the Bankruptcy Act. (cf. ex parte Huggins discussed in the memorandum mentioned below).
X
He may
also possibly rely on the case of Lucas v.Harris (L.R. 18 Q.3.D. 127) though that was not a bankruptcy case but one of an appointment of a Receiver in equitable execution. It was there held that an Order appointing
a Receiver of Pensions made non-assignable by statute
was bad.
I dealt comprehensively with the effect
of bankruptcy proceedings on Colonial pensions in a memorandum attached to Northern Nigeria 31656/11 which
Gold Coast appears not to have been noted (as there directed) by the Eastern Department.
It will be seen from Part A of this memorandum that before adjudication the official Receiver has no legal power to obtain possession of a Colonial pension but has only authority to receive it, and that the receiving order does not bind the Crown or the Colonial Governments concerned. Consequently
pending adjudication the Secretary of State's control over the pensions (the existence of which control we must maintain however much Sir F.Piggott may rage against us) continues, but the proper course is to
arrange