This legislation has been repealed.
If the employer served
with notice of attachment and order for payment shall fail to pay as
aforesaid, the workman may sue for and recover in his own name in any Court
having jurisdiction in the matter the moneys attached by any proceeding which
the contractor might have taken had there been no attachment under this Act,
subject to the right of the employer to set off against the workman’s
demand all moneys properly paid by the employer to the contractor under the
contract prior to the service of the notice of attachment, and also all moneys
which the contractor was at the time of the service of the notice of
attachment liable to pay to the employer under the contract, or in consequence
of any breach or non-performance thereof.