The Courts (Emergency Powers) Act, 1939
| DOI | 10.1177/002201833900300410 |
| Published date | 01 October 1939 |
| Date | 01 October 1939 |
| Subject Matter | The Courts (Emergency Powers) Act, 1939 |
The
Courts (Emergency Powers) Act,
1939
A
MONG
the plethora of statutes, rules, and regulations
which have been issued during the past few weeks,
astatute which will cause a considerable alteration in procedure
is
the
Courts (Emergency Powers) Act, 1939, although its
effect on courts of summary jurisdiction will be somewhat
limited.
The
Act is to come into operation on such date as His
Majesty may, by Order in Council, appoint (Section 7 (2»,
but
one curious result of this provision has been that many
of those whose duty it is to preside over courts, and also
those practising before them, have not known on what date
the Order in Council was passed, although it has been assumed
in many cases that the Act came into force on the 3rd
September.
One effect of the Act is that with certain exceptions
aperson is not entitled to proceed to execution on, or otherwise
enforce, any judgment or order of any court for the payment
or recovery
of
money unless he obtains the leave
of
the
appropriate court.
This
applies whether the judgment
or
order was given
or
made before or after the commencement
of the Act.
It
does not apply, however (inter alia), to any
order in a matter of bastardy or any order enforceable as an
affiliation order, or any order made either in criminal
proceedings or in proceedings for the recovery of a penalty
in respect of any contravention of or failure to comply with
any provisions of an Act (section I
(I».
The
result is that the majority of proceedings before
courts of summary jurisdiction are excepted from the Act.
Amongst orders enforceable as an affiliation order may be
mentioned amarried woman's order under
the
Summary
595
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