Commonwealth Consolidated Regulations

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TREATY OF PEACE REGULATIONS - REG 9

Power of Clearing Office to enforce payment of debts

(1)
The Clearing Office shall have power to enforce the payment of any enemy debt against the person by whom the debt is due, together with such interest as is payable under paragraph 22 of the Annex to Section III of Part X of the Treaty, and for that purpose shall have all the rights and powers which would, but for these Regulations, be exercisable by the creditor.

(2)
If the debt has been admitted by the debtor, or the debt or amount thereof has been found by arbitration or by the Mixed Arbitral Tribunal or by a Court of law in pursuance of paragraph 16 of the Annex to Section III of Part X of the Treaty, to be due, the Clearing Office may certify the amount so admitted or found due, and on production of that certificate to the proper officer of the Supreme Court of the State or the Superior Court of the Territory in which the debtor resides, the certificate shall be registered by that officer and shall, from the date of registration, be of the same force and effect, and all proceedings may be taken thereon as if the certificate were a judgment obtained in that Court for the recovery of a debt of the amount specified in the certificate and entered upon the date of registration, and all reasonable costs and charges attendant upon the registration of the certificate shall be recoverable in like manner as if they were part of the judgment.



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