CO885-(11-13) — Page 688

13,799.

SIR,

No. 55.

(GOLD COAST.)

TREASURY SOLICITOR to TREASURY.

Solicitor's Department, Treasury,

3rd September 1885.

THEIR Lordships have been pleased to refer to me a letter (herewith returned) from the Colonial Office, dated 27th August 1885, in which the Secretary of State desires the opinion of their Lordships' Solicitor respecting the deduction by the Crown Agents of a sum of 311. 38. 4d. from the pension of Mr. R. F. Bellis.

The facts of the case are as follows:-

In November 1884 the Crown Agents were served with a rule nisi for a Garnishee Order in respect of Mr. Bellis's pension at the suit of the Consols Bank, Limited. Had the Order been made, the Crown Agents would have been called on to pay the pension to the Consols Bank as a creditor of the pensioner. Mr. Blake, one of the Crown Agents, called on me to ascertain the practice on behalf of the Paymaster-General with respect to the Garnishee Orders, when I informed him that the making of such Orders on the Paymaster-General in respect of salaries or pensions was always resisted, on the ground that the Paymaster-General, as a servant of the Crown making payments under the direction of competent authorities, could not be rogarded as a debtor owing moneys to the particular officer whose salary or pension was sought to be affected, and could not, therefore, be made liable to a Garnishee Order. The Crown Agents con- sidering it desirable that a like position should be taken up with respect to salaries and pensions payable by them, obtained the authority of Lord Kimberley to oppose the making of the Order and to charge the expenses of doing so to the Gold Coast Colony, being the Colony to which Mr. Bellis's pension is chargeable.

The Solicitors of the Crown Agents thereupon took the necessary steps in the matter: Mr. Bellis was restrained from receiving his pension; and the costs incurred by the Judgment creditor and by the Crown Agents were charged against the pension.

The Orders of Court by which the above directions were given were, however, subsequently revoked, the revoking Order directing that no costs be allowed to either party.

Under these circumstances I have the honour to

Report

That, in my opinion, the Crown Agents were not justified in deducting the amount of their Solicitors' costs from the pension in question. The costs were incurred for

the purpose of settling a point of great importance, and the decision will enable the Crown Agents to resist any further similar attempts to attach moneys in their hands without, probably, incurring any further expense.

Under these circumstances it appears to me that the costs may be properly charged against the particular Colony, as authorised by the Secretary of State.

I have, &c.,

The Secretary, Treasury.

A 15927.-17. 35.-12/85.

(Signed) J. F. CHANCE.

PUBLIC RECORD OFFICE

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Reference :-

TELEC.O. 885

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13 PUBLIC RECORD OFFICE, LONDON

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