SERVICEMEN’S DEBTS.

Ashburton Guardian, Volume 63, Issue 309, 9 October 1943, Page 5

SERVICEMEN’S DEBTS.

CASE UNDER THE RATING ACT, (P.A.) DUNEDIN, October 8. The protection accorded servicemen, under the Debtors’ Emergency Regulations, 1940, against proceedings under the Rating Act was discussed in the Supreme Court by Mr Justice Kennedy in a judgment delivered in an application by the City Corporation for a mandamus to the Registrar to give notice to the debtor. The Corporation had obtained judgment for rates against a propertyowner, which judgment was not fully satisfied. The Corporation tendered a certificate under the Act regarding the judgment and the amount owing, and required the Registrar to give notice under the Act. Debtor was a member of the forces when the certificate was tendei’ed and the Registrar declined to receive the certificate because leave to exercise power of sale had not been obtained. The. question at issue was whether the certificate of judgment might be reecived and notices lawfully given without leave of the Court being obtained. s, His Honor held that the first act in the ease was that of the Coi’poration, hut all subsequent Acts were in fact acts by the Registrar. For the continuance and completion of such acts leave must be obtained where the debtor became a member of the forces or filed a notice. It followed that the Registrar should have received the certificate of judgment and given notices undei* the Act, although no leave to exercise the power of sale had been obtained, but no further steps might lawfully have been taken thereafter without the Court’s leave.