What need not be registered.

Sect. 13 of the Land Charges Act, 1888, renders land charges created before 1889 irrecoverable as against a purchaser for value, unless registered within one year from tlie first assignment, by act infer vivos, occurring after 1888. In theory the same searches should be made as formerly for drainage and land improvement loans (/), because it may happen that there has been no assignment since 1888, but in practice searches are only made under the Act. On purchases of land within the metropolitan area, search used to be made at the office of the Board for charges authorised by various Metropolitan Management and Building Acts (m), but a search for land charges under the Act of 1888 is now considered sufficientlands held in trust for the debtor.

Charges created before

1889

(h) (1889) 24 Q. B. D. 178; 59 L. J. Q. B. 113.

(i) Re Allen and Driscoll, 1901, 1 Ch. 493 ; 73 L. J. Ch. 382, where the cases are collected.

(k) Hornsey Local Board y. Monarch

Investment Bldg. Soc., (1889) 24 Q. B. D. 1 ; 59 L. J. Q. B. 105 ; East London Waterworks Co. v. Kellermm, 1892, 2 Q. B. 72; Stock v. Meal-in, 1900, 1 Ch. 683; G9 L. J. Ch. 401.

Metropolitan Management and Building

Acts, reversion;

Upon an elegit, under the old law, the judgment creditor might take in execution a moiety (or under two judgments of the same term an entirety) (n), of the following property of his debtor (o) ; viz., freeholds, land held in ancient demesne, rents-charge, estates granted by the Crown for the maintenance of dignities, impropriate tithes, and terms for years, including (perhaps) leases of copyholds granted by licence of the lord, or under a special custom; and this, whether the same respectively were held in severalty, coparcenary, or in common; and though acquired subsequently to the judgment (p).

Judgments under old law -what they affected: a moiety of freeholds, &c;

The right affected reversions on leases for lives or years (q), estates held by a husband during coverture or by the curtesy, estates tail during the life of tenant in tail, and estates held in joint tenancy during the life of the joint-tenant against whom execution issued.

And, as to terms of years, either the moiety might be extended upon a single writ, or the entirety might be sold as part of the debtor's chattels.

Terms of years ;

(/) For a list of such searches, see Elph. & C. 109 et seq.

(m) See Elph. & C. 117.

(n) Att.-Gen. v. Andrew, (1655) Hard. 23; Doe v. Creed, (1829) 5 Bing. 327 ; 7 L. J. 0. S. C. P. 138 (case of entirety taken by two creditors on writs tested the same day and term).

(o) Prid. J. 7, 8, 9.

(p) Brace v. Duchess of Marlborough, (1728) 2 P. "W. 491, 492.

(q) 2 Saund. 69 n. ; 1 Rol. Ahr. 894, pi. 5.

And under s. 10 of the Statute of Frauds, the sheriff is empowered to deliver execution of all such lands, etc, as any person or persons should be seised or possessed of, in trust for the debtor at the time of execution sued, like as if the debtor had been seised of such lands, etc, of such estate as they be seised for him at the time of execution sued. This provision has been held not to affect trusts of terms for years (r), or equities of redemption (s), or any equitable estate in which the debtor has not the sole beneficial interest (t); or estates which, though held in trust for the debtor at the date of the judgment, are disposed of prior to execution (u).

But advowsons in gross, glebe, rents-seek, and copyholds (x) (exoept, perhaps, as respects leases thereof), were not extendible under the old law ; nor were the lands of a tenant in tail, or joint-tenant, except for his life (y).

But it seems doubtful whether the exemption of copyholds extended to customary freeholds (z).

Nor, under the Statute of Frauds (a), as against purchasers (b), was a term for years bound, until the writ was delivered to the sheriff (c) ; nor did the writ bind after it had been returned without a sale (d).

What they did not affect.

(r) Prid. J. 15; Scott v. Scholey, (1807) 8 Ea. 467 ; nor could such a trust be taken on a fi. fa. : ib.; and see Ex p. Fadwick, (1869) 18 W. R. 8; 39 L. J. Ch. 68 ; but see, as to attendant terms, Doe v. Evans, (1833) 1 Cr. & M. 450 ; and see Doe v. Greenhill, (1821) 4 B. & Ald. 684.

(s) Burden v. Kennedy, (1759) 3 Atk. 739 ; Xyster v. Holland, (1792) 1 Ves. 431.

(t) Doe v. Greenhill, (1821) 4 B. & Ald. 684 ; Harris v. Booker, (1827) 4 Bing. 96 ; Forth v. Duke of Norfolk, (1820) 4 Mad. at. p. 505 ; Hulkes v. Day, (1840) 10 Si. at p. 48.

(u) Hunt v. Coles, (1702) Com. R. 226 ; Harris v. Fugh, (1827) 4 Bing. 335, 345; 5 L. J. O. S. C. P. 189;

Wiggins v. York Buildings Co., (1710) 2 Atk. 107 ; and see 1 J. & L. 634.

(x) See Scriven, 6th ed.

(y) Prid. J. 7 ; Ashburnham v. St. John, (1605) Cro. Jac. 85.

(z) See Scriven, 6th ed. ; Mann. Exch. Pract. 2nd ed. 42, 350, 358 et scq. ; 3 Man. & R. 332, 338.

(a) S. 10 ; Prid. J. 11.

(b) Sed aliter, as against the debtor's personal representatives : Banken v. Harwood, (1846) 5 Ha. 215 ; 15 L. J. Ch. 446; 2 Ph. 22.

(c) Prid. J. 12; Burden v. Kennedy, (175'.)) 3 Atk. 739; Causton v. Macklew, (1828) 2 Si. 242.

(d) William v. Craddock, (1831) 4 Si. 313.

But Equity would assist a judgment creditor to the partial equitable interest of his debtor, in those cases in which he would have been entitled to execution under the Statute of Frauds in case the debtor had owned the entire beneficial interest (e) ; but he was obliged to sue out an elegit before filing his bill (f) ; and by first suing out execution under a fi. fa., he could obtain relief in Equity against the debtor's equitable interest in a term of years (g).

The exercise of a power of appointment defeated a judgment entered up subsequently to the creation of the power; and notice was immaterial (h), for the judgment only affected the estate limited until and in default of appointment.