(m) Stat. 2 & 3 Vict. c. 11, ss. 1, 2.
The rights of judgment creditors to follow the lands of their debtors in the hands of purchasers, were remodelled by an act of parliament of the present reign, passed for the purpose of extending the remedies of creditors against the property of their debtors (n). The old statute extended only to one half of the lands of the debtor; but, by this act, the whole of the lands, and all other hereditaments of the debtor, could be taken under the writ of elegit(o). The power of the judgment creditor to take lands out of the hands of purchasers was no longer left to depend on a forced construction, such as that applied to the old statute; for this act expressly extended the remedy of the judgment creditor to lands of which the debtor should have been seised or possessed at the time of entering up the judgment, or at any time afterwards. But, as we shall presently see, this extensive power has since been much curtailed. The judgment creditor was also expressly provided with a remedy in equity, that is, in the Court of Chancery, as well as at law (p). And the remedies provided by the act were extended, in their application, to all decrees, orders, and rules made by the courts of equity and of common law, and by the Lord Chancellor or the Lords Justices in matters of bankruptcy, and by the Lord Chancellor in matters of lunacy, for the payment to any person of any money or costs (q). But before purchasers, mortgagees, or creditors could be affected under the provisions of this act, the name, abode and description of the debtor, with the amount of the debt, damages, costs or money recovered against him, or ordered by him to be paid, together with the date of registration, and other particulars, were required to be registered in an index which the act directed to be kept for the warning of purchasers, at the office of the Court of Common Pleas (r). This registration was required to be repeated every five years (s); but the purchaser was bound if the judgment, decree, order, or rule was registered within five years before the execution of the conveyance to him, although more than five years should have elapsed since the last previous registration (t). If, however, the judgment, etc, were not so registered, or re-registered, the purchaser was not affected thereby, even though he should have had express notice of its existence (u); but the judgment creditor did not, by omitting to re-register, necessarily lose his priority, if once obtained, over subsequent judgments, though duly registered (x). And, by a further enactment, it was provided, in favour of purchasers without notice of any such judgments, decrees, orders or rules, that none of such judgments, etc, should bind or affect any lands, tenements, or hereditaments, or any interest therein, as against such purchasers without notice, further or otherwise, or more extensively in any respect, although duly registered, than a judgment of one of the superior courts would have bound such purchasers before the last-mentioned act, when it had been duly docketed according to the law then in force (y). More recently it was provided (z), that no judgment to be entered up after the 23rd of July, 1860, should affect any land as to a bona fide purchaser for valuable consideration, or a mortgagee (whether such purchaser or mortgagee had notice or not of such judgment), unless a writ or other due process of execution of such judgment should have been issued and registered, as provided by the act, before the execution of the conveyance or mortgage to him, and the payment of the purchase or mortgage money by him. And no such judgment, nor any writ of execution or other process thereon, was to affect any land as to a bona fide purchaser or mortgagee, although execution or other process should have issued thereon and have been duly registered, unless such execution or other process should be executed and put in force within three calendar months from the time when it was registered. A registry of writs of execution was also provided (a); but as the entry was required to be made in alphabetical order by the names of the persons in whose behalf the judgments were registered, and not by the names of the debtors, it was still necessary to search for judgments in the registry above referred to (b).
Stat. 1 & 2 Vict. c. 110.
The whole of the lands could be taken.
Registry of judgments.
(n) Stat. 1 & 2 Vict. c. 110, amended by stats. 2 & 3 Vict. c 11, 3 & 4 Vict. c. 82, 18 & 19 Vict. c. 15, and 23 & 21 Vict C. 38.
(o) Sect. 11.
(p) Sect. 13.
(q) Sect. 18. See Jones v. Wil-liamx, 11 Ad. & Ell. 107; 8 Mees.
& Wels. 349; Doev.A mey, 8 Mees. & Wels. 565; Wells v. Gibbs, 3 Bcav. 399; Duke of Beaufortv. Phillips, 1 De Gex & Smale, 321. As to the' Lords Justices, see stats. 10 &11 Vict. c. l02; 14 & 15 Vict, c. 83. As to entering satisfaction on judgment . see stat. 23 & -I Vict. c. 115, s. 2.
Protection to purchasers without notice.
(r) Stat. 1 & 2 Vict. c. 110, s. 19; 2 & 3 Vict. c. 11, s. 3; 18 & 19 Vict. c. 15, s. 10; Sngd. Vend. & Pur. 423 et seq. 13th ed.
(s) Stat. 2 & 3 Vict. c. 11, s. 4.
(t) Stat. 18 & 19 Vict. c. 15, s. 6.
(u) Stat. 3 & 4 Vict. c. 82, s. 2; 18 & 19 Vict. c. 15, ss. 4, 5.
(x) Beavanv. The Earl of Oxford, 6 De Gex, M. & G. 492.
(y) Stat. 2 & 3 Vict. c. 11, s. 5; Lane v. Jackson, 20 Beav. 535.
An act has at length been passed which entirely deprives all future judgments of their lien on real estates (c). This act, which was passed on the 29th of July, 1864, provides that no future judgment shall affect any land, of whatever tenure, until such land shall have been actually delivered in execution by virtue of a writ of elegit, or other lawful authority, in pursuance of such judgment (d). In the construction of the act, the term "judgment" is to be taken to include registered decrees, orders of courts of equity and bankruptcy, and other orders having the operation of a judgment (e). Every writ, by virtue whereof any land shall have been actually delivered in execution, must be registered in the manner provided by the last-mentioned act (f), but in the name of the debtor against whom such writ or process is issued, instead of, as under thai act, in the name of the creditor. And no other registration of the judgment is to be deemed necessary for any purpose (g). Every creditor to -whom any land of his debtor shall have been actually delivered in execution by virtue of any judgment, and whose writ shall have been duly registered, may obtain from the Court of Chancery, upon petition in a summary way, an order for the sale of his debtor's interest in such land (h). The other judgment creditors, if any, are to be served with notice of the order for sale; and the proceeds of the sale are to be distributed amongst the persons who may be found entitled thereto, according to their priorities (i). And every person claiming any interest in such land through or under the debtor, by any means subsequent to the delivery of such land in execution as aforesaid, is bound by every such order for sale, and by all the proceedings consequent thereon (k). This act extends not only to judgments, but also to statutes and recognizances. Statutes merchant and statutes staple, which are here referred to, are modes of securing money that have long been obsolete. Recognizances are entered into before a court of record or a magistrate; and, like judgments, they were a charge on lands until the passing of this act(l). An act has been recently passed to render judgments obtained in England, Scotland and Ireland, effectual in any other part of the United Kingdom (m).