Online Encyclopedia

CHARGING ORDER

Online Encyclopedia
Originally appearing in Volume V05, Page 859 of the 1911 Encyclopedia Britannica.
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CHARGING ORDER, in English law, an order obtained from a court or judge by a judgment creditor under the Judgment Acts 1838 and 184o, by which the property of the judgmentdebtor in any stocks or funds stands charged with the payment of the amount for which judgment shall have been recovered, with interest. A charging order can only be obtained in respect of an ascertained sum, but this would include a sum ordered to be paid at a future date. An order can be made on stock standing in the name of a trustee in trust for the judgment debtor, or on cash in court to the credit of the judgment debtor, but not on stock held by a debtor as a trustee. The application for a charging order is usually made by motion to a divisional court, though it may be made to a judge. The effect of the order is not that of a contract to pay the debt, but merely of an instrument of charge on the shares, signed by the debtor. An interval of six months must elapse before any proceedings are taken to enforce the charge, but, if necessary, a stop order on the fund and the dividends payable by the debtor can be obtained by the creditor to protect his interest A solicitor employed to prosecute any suit, matter or proceeding in any court, is entitled, on declaration of the court, to a charge for his costs upon the property recovered or preserved in such suit or proceeding. (See Rules of the Supreme Court, o. xLIx.)
End of Article: CHARGING ORDER
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