New Clause. — (Destination of payments in certain cases.)

Orders of the Day — War Damage Bill. – in the House of Commons on 12th February 1941.

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  1. (1) Where immediately before the occurrence of war damage to a hereditament a proprietary interest therein is suoject to a settlement or is otherwise held in such manner that the owner of the interest would not be competent to give an effective discharge for the proceeds of a sale thereof, the right to receive any value payment or share of such a payment, or any payment under Section eleven of this Act in respect of that interest, shall vest and devolve as if, for the references in sections ten and eleven of this Act to the owner of a proprietary interest as the person to whom payment is to be made, there had been substituted references to the person to give an effective discharge for the proceeds of a sale thereof.
  2. (2) If the right to receive a payment under this Part of this Act in respect of war damage, or a share of such a payment, is claimed by two or more persons adversely to each other, or the Commission are unable to ascertain in whom such a right is vested, or if it appears to the Commission to be expedient for them so to do in order to safeguard the rights of persons beneficially interested in any such payment or share or for any other special reason, they may make payment thereof to the proper officer of the Supreme Court or, if the a mount thereof does not exceed five pounds, of the county court, in accordance with rules of court.—[Captain Crookshank.]

Brought up, and read the First time.

Photo of Captain Harry Crookshank Captain Harry Crookshank , Gainsborough

I beg to move, "That the Clause be read a Second time."

This Clause is to deal with what might arise under Clauses 10 and 11, in certain cases of land settlement, and is to make it clear that payment will come to the person who is normally entitled to receive capital moneys.

Question put, and agreed to.

Clause read a Second time, and added to the Bill.