for the maintenance

and

and personal support-

benefit

all

any

exclusive

the othus

of the following periow, namely, such

and

in

3.

any wife child

4

serta proportiona from time to tim

ડા

Children

an

}

решити

his

such s. of 5.

time trucks Joroper"

• letter of 4 las bib & prevines

-ta] in the Grid come 21210/16]

12928

to such provisions in

M'lius.

not

assign

ete his prisûn

Tracy M

J

1

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

One

A

the word be alt 7. E. & Cylon

Aze

$731/6/20.

81.31.

981 $213120.

Then

"forthwith chase &

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

L

JSM

hom he

15.

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

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