AN INTERESTING POINT.

Taranaki Daily News, Volume XLVII, Issue 81849, 22 September 1906, Page 3

AN INTERESTING POINT.

Per Press Association. Wellington, September 2t. Argument took place n Chambers before the Chief Justice as to whether there was power for the Court ro attach moneys due to in- who had been a soldier for services render'd by him in that capacity. There was a divorce suit between A'len and John Alexander Allen, and an order was made for respondent to pay petitioners' costs amounting to £37 r2 10. Respondent was a farrier in the Third New Zealand Contingent for South Africa, and there are moneys now due to him for his services. It is sough" to attach these, but the Crown resists on the ground that by section 141 of the Imperial Army Act, tb' Court was debarred from making an order. Mr Herdman, for petitioner, argued that there was now no bar aeeing that A"en had become a private citizen. Mr Myers, who appeared for the Crown, contended that the provisions of the section still appli< d His Honor said that the general rule of all Government and all countries was not to allow the pay of its officers or soldiers to be attached. It might be that the bar wou'd not ap ply in the present case, but His Honor was doubtful. He recognised that the merits were on the side of petitioner. He would look into the matter, and would reserve judgment.