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PARTNERSHIP ACT 1890 - SECT 23

Procedure against partnership property for a partner's separate judgment debt.

23.(1) . . . [An enforcement order shall not be made under [the Judgments
Enforcement (Northern Ireland) Order 1981]] against any partnership property
except on a judgment against the firm.

(2) [The Enforcement of Judgments Office] may, on the application... of any
judgment creditor of a partner, make an order charging that partner's interest
in the partnership property and profits with payment of the amount of the
judgment debt and interest thereon, and may by the same or a subsequent order
appoint a receiver of that partner's share of profits (whether already
declared or accruing), and of any other money which may be coming to him in
respect of the partnership, and direct all accounts and inquiries, and give
all other orders and directions which might have been directed or given if the
charge had been made in favour of the judgment creditor by the partner, or
which the circumstances of the case may require.

(3) The other partner or partners shall be at liberty at any time to redeem
the interest charged, or in case of a sale being directed, to purchase the
same.

(4) This section shall apply in the case of a cost-book company as if the
company were a partnership within the meaning of this Act.


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© 1890 Crown Copyright

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