New Act, lion of judgments abolished.
(z) Stat. 23 & 24 Vict. c. 38, s. 1.
In) Sect. 2. (b) Ante, p. 58
(e) Stat. 27 & 28 Vict. c. 112.
(d) Sect. 1; Guest v. Con-bridge Railway Compony, V.-C. G.,17 W .Rep.7; L,. R.,6 Eq.619.
Writ to be registered.
Order for sale.
Statutes and recognizances.
(e) Stat. 27 & 28 Vict. c. 112, s. 2.
(f) Stat. 23 & 24 Vict. e. 38.
(g) Stat. 27 & 28 Vict c. 112',
(h) Sect. 4.
(i) Sect. 5.
(k) Sect. G.
(l) See the Author's "Principles of the Law of Personal Property," p. 100, 5th ed.; 102, 6th ed.; 105, 7th ed.
Lands in either of the comities palatine of Lancaster or Durham were affected both by judgments of the courts at Westminster, and also by judgments of the Palatine Court(n). These latter judgments had, within the county palatine, the same effect as judgments of the courts at Westminster; and an index for their registration was established in each of the counties palatine, similar to the index of judgments at the Common Pleas (o). And by a recent statute (p) it was provided, that no judgment, decree, order or rule of any court should bind lands in the counties palatine, as against purchasers, mortgagees, or creditors, until registration in the court of the county palatine in which the lands were situate. And the same provisions as to re-registration within five years as applied to the registry of the Court of Common Pleas applied also to these registries (q). Lands in the county palatine of Chester, and in the principality of Wales, have been placed by a modern statute exclusively within the jurisdiction of the courts at Westminster (r); and by another statute (s) the palatinate jurisdiction within the county of Durham, which formerly belonged to the Bishop of Durham, has been transferred to the crown.
Debts due, or which might have become due, to the crown, from persons who where accountants to the crown (t), and debts of record, or by bond or specialty, due from other persons to the crown (u), were, until recently, binding on their estates in fee simple when sold, as well as when devised by will, or suffered to descend to the heir at law. But any two(x) of the Commissioners of the Treasury were empowered, upon such terms as they might think proper, to certify by writing under their hands, that any lands of any crown debtor, or accountant to the crown, should be held by the purchaser or mortgagee thereof discharged from all farther claims of her Majesty, her heirs or successors, in respect of any debt or liability of the debtor or accountant to whom such lands belonged (y). And a similar power was more recently given to any two of the commissioners, or other principal officers, of any public department with respect to any crown bond or other security concerning or incident to any such department; or if there were only one such commissioner or officer then the power was vested in him(z). To obviate the dangerous liability of purchasers to crown debts, an index was opened at the Common Pleas of the names of crown debtors; and lands could not be charged, in the hands of purchasers, with these liabilities, unless the name, abode and description of the debtor, with other particulars, were inserted in the proper index. And from the 31st of December, 1859, the provisions already mentioned for the re-registry of judgments every five years were applied to crown debts; and notice of any crown debt not duly re-registered was rendered of no avail against a purchaser (a).
(m) Stat. 31 & 32 Vict. c. 54.
(n) 2 Wms. Saund. 194.
(o) Stat. 1 & 2 Vict. c. 110, s.21.
(p) Stat. 18 & 19 Vict. c. 15, s. 2.
(q) Sect. 3.
(r) Stat. 11 Geo. IV. & 1 Will.
IV. c. 70, s. 14,
(s) Stat. 6 & 7 Will. IV. c. 19, amended by stat. 21 & 22 Vict, c. 45.
(t) Stat. 13 Eliz. c. 4; 25 Geo. III. c. 35; Co. Litt. 191 a, n. (1), vi. 9. Bee also stats. I & 2 Geo.
IV.c. 121, s. 10; 2 & 3 Vict, c 11, ss. 9, 10, 11; Sugd. Vend. & Pur. 436, 13th cd.
(u) Stat. 33 Hen. VIII. c. 39, ss. 50, 75. But simple contract debts due to the crown by the vendor were not binding on the purchaser, unless he bad notice of them, King v. Smith, Wightw. 34; Casberd v. Attorney-General, 6
(x) Stat. 12 & 13 Vict. c. 89.
(y) Stat. 2 & 3 Vict. c. 10, s. 10.
(z) Stats. 16 & 17 Vict. c. 107, ss. 195 - 197; 23 & 24 Vict. c. 115, s. 1.
(a) Stats. 2 & 3 Vict. c. 11,s.8; 22 & 23 Vict. c. 35, s. 22. Pur-
But now no debts or liabilities to the crown incurred after the 1st of November, 1865 (b), shall affect any land as to a bona fide purchaser for valuable consideration or a mortgagee, whether such purchaser or mortgagee have or have not notice thereof, unless a writ or process of execution has been issued and registered before the execution of the conveyance or mortgage to such purchaser or mortgagee and the payment by him of the purchase or mortgage money (c). The registration is effected as follows: - A minute of the name of the person against whom the writ or process is issued and of the date of the issuing thereof, and of the amount for which it is issued, is left with the senior Master of the Court of Common Pleas at Westminster, who forthwith enters the same in a book by the name, in alphabetical order, of the person against whom the writ or process is issued; and no other registration of the writ or process or of the debt or liability is now necessary for any purpose (d).
Actions at law and suits in equity respecting the lands will also bind a purchaser as well as the heir or devisee; that is, he must abide by the result, although he may be ignorant that any such proceedings are depending (e). A provision has accordingly been made for the registration of every lis pendens; and no lis pendens binds a purchaser or mortgagee without express notice thereof, unless and until it is duly registered; and the registration to be binding must be repeated every live years (f). And the Court before whom the property sought to be bound is in litigation is now empowered, on the determination of the lis pendens, or during its pendency if satisfied that the litigation is not prosecuted bona fide, to order the registration to be vacated without the consent of the party by whom the lis pendens was registered (g). The index of pending suits, together with the indexes of writs of execution, arc accordingly searched previously to every purchase of lands; and, if the name of the vendor should be found in either, the debt or liability must be got rid of, before the purchase can be safely completed.