CHAPTER
148
CHOSES IN ACTION |
ARRANGEMENT OF
SECTIONS |
SECTION |
|
Assignment of choses in action. |
The receipt or certificate a sufficient
discharge. |
CHAPTER 148 |
CHOSES IN ACTION |
An Act to
regulate the assignment of choses in action. | 33 of 1904 |
[Commencement 9th
June, 1904] |
1. This Act may be cited as the Choses in Action Act. | Short title. |
2. Any absolute assignment, by writing under the hand
of the assignor (not purporting to be by way of charge only), of any debt or
other legal chose in action, of which express notice in writing shall have been
given to the debtor, trustee or other person from whom the assignor would have
been entitled to receive or claim such debt or chose in action, shall be, and
be deemed to have been effectual in law (subject to all equities which would
have been entitled to priority over the right of the assignee if this Act had
not passed) to pass and transfer the legal right to such debt or chose in
action from the date of such notice, and all legal and other remedies for the
same, and the power to give a good discharge for the same, without the
concurrence of the assignor: | Assignment of choses in action. |
Provided that if
the debtor, trustee or any other person liable in respect of such debt or chose
in action shall have had notice that such assignment is disputed by the
assignor or anyone claiming under him, or of any other opposing or conflicting
claims to such debt or chose in action, he shall be entitled if he think fit,
to call upon the several persons making claim thereto to interplead concerning
the same, or he may if he think fit pay the same into the court having
jurisdiction in the matter, and the same shall, subject to the rules of such
court, be dealt with according to the orders of such court. | Privileges of debtors, trustees etc., in respect of
choses in action. |
3. The receipt or certificate of the proper officer of
such court shall be sufficient discharge to such person for such payment into
court. | The receipt or certificate a sufficient discharge. |