Judgments. Crown debts and writs of execution.

(u)Above, pp. 373 sq. (x) See Wms. Real Prop. 268 - 294, 602 - 605, 21st ed.

(y) Ibid. 2GS) - 275, 285 - 287. (z) Stat. 63 & 64 Vict. c. 26, 8.2(1)

(a) Here including any order or decree having the effect of a judgment, except an order made by a Court having bankruptcy jurisdiction in exercise of that jurisdiction: see sect. 6 (3); stat. 51 &, .52 Vict. 0. 61, 8. 1.

(b) 1st July. 1901; stat. 63 & 64 Vict. c. 26, s. 6 (2).

(c) Stat. 51 ft 52 Vict. c. 51.

(d) Stat. 63 ft 64 Vict. c. 26, 8. 2 (2); see Wms. Real Prop. 285 - 287, 21st ed.

(e) Sect. 2 (3).

(f) Stat. 1 & 2 Vict. c. 110, ss. 19, 21.

Stat. 2 ft 3 Vict. c. 11,s.8 (h) Stat. 23 & 24 Vict. 0. 38. (i) Stat. 27 & 28 Vict. c. 112.

(k) Stat. 28 & 29 Vict. c. 104; sec Wms. Real Prop. 271 - 275, 286, 21st ed.

(l) See below, pp. 587, 593.

(m) Stat. 63 & 64 Vict. e. 26, s. 1; and Order thereunder, W.N. 18th Aug. 1900.

(n) Above, p. 558.

(o) Stat. 51 & 52 Vict. c. 51, ss. 4 - 6.

(p) Above, p. 581, n. (a).

(q) Including a mortgagee or lessee, or other person who for valuable consideration takes any interest in or a charge on land: sect. 4.

(r Stat. 63 & 64 Vict. c. 26, s. 3.

(s) Stat. 51 & 52 Vict. c. 51, s. 5 (3).

(t) It cannot now be necessary, as regards judgments suffered or Crown debts incurred before the commencement of the Land Charges Act, 1900, to search in any of the registers closed as above mentioned: p. 581. If before that Act any such judgments or debts were charges on any lands without the lands having been actually delivered in execution fas might happen in the case of a judgment entered up before the 23rd July, 1860, and kept alive by payment of interest or otherwise, or a Crown debt incurred before the 2nd Nov . 1865),, it appear- that on the commencement of that Act they ceased to be charges, unless or until a writ or an order to enforce them had been or should be registered. If the lands had been actually delivered in execution prior to that Act, it appears that, by virtue of sect. 3 of the Act (above, p. 682), unless the land had been already sold under the Judgments Act, 1864, it became necessary on the commencement of the Act of 1900 to register the writ or other process of execution, and that in default of such registration the delivery in execution would be void as against the purchaser. But the purchaser must ascertain that the possession of the land sold is in accordance with the title shown, because he is deemed to have notice of the interests of all persons in occupation thereof, and it may be held that, if the purchaser have notice Of a delivery in execution under an unregistered writ or process, the same is valid in equity as against him; see below, p. 584.

(u) See above, pp. 557 - 560.

(x) An order appointing a receiver is of itself equivalent in equity to actual delivery in execution: below, p. 585, n. (i). (y) 63 & 64 Vict. c. 26, s. 2.

(z) Stat. 1 ,V 2 Viet. c. 110,

(a) Stat. 51 & 62 Vict. c. 51.

Notice of judgments, or Crown debts of record or by specialty or public accountantship.

Crown debts by simple contract.

Notice of unregistered process of execution.

(b) Under the Judgments Act, 1864, no judgment thereafter entered up affected any land until actually delivered in execution. But this enactment was repealed by the Land Charges Act, 1900: see stats. 27 & 28 Vict. c. 112, s. 1; 63 & 64 Vict. c. 26, s. 5; Wms. Real Prop. 274, 21st ed.

(c) See above, p. 583, n. (y); and p. 581.

(d) See Wms. Real Prop. 285, 21st ed.

(e) Above, p. 581.

(f) R. v. Smith, Wightw. 34: Casberd v. A.-G., 6 Price, 411, 473 - 476; Chitty on the Prerogative of the Crown, 293 - 296; Sug. V. & P. 545.

(g) Sug. V. & P. 545.

(h) Above, p. 582.

(i) See above, p. 559. The estate by elegit vests in the judgment creditor, in the case of execution under a writ of elegit, when he has got the sheriff's return to the writ and in the case of equitable execution by the appointment of a receiver, when the order for a receiver is made. In the case of an elegit, the sheriff delivers to the judgment creditor symbolical not actual possession of the land: but the latter when tenant by elegit, may, if the land were in the occupation of a tenant, distrain for rent subsequently becoming due without any attornment by such tenant. And if the land were in the judgment debtor's own occupation, the tenant by elegit ma\ obtain actual possession thereof by peaceable entry or by action: see Hoe's ease, 5 Rep. 89b; Taylor v. Cole, 3 T. R. 292 295:' Rogers v. Daunt. 202, 206. 207; Sharp v. Key, 8 M. & W. 379; Lloyd v. Davies, 2 Ex. Hughes v . Lumley, 4 E. & B. 274 . Guest v. Cowbridge Ry. Co., L. R. 6 Eq. 619; Hatton V. Haywood, L. R. 9 Ch. 229, 236; Re Pope, 17 Q. B. D. 743, 745, 751; Re Anthony, 1892, 1 Ch. 450: Johns v. Pink, 1900, 1 Ch. 296. It is submitted that the case of Re Hobson, 33 Ch. D. 493. if well decided, which is doubtful, lays down no more than this; that the symbolical delivery of laud by the sheriff under an elegit may be equivalent to a "seizure" thereof within the meaning of sect, 45 (2) of the Bankruptcy Act, 1883. It appears that a judgment creditor, who has obtained actual delivery in execution of the judgment debtor's lands under unregistered process, is entitled to obtain an order for sale under the Judgments Act. 1864 (stat. 27 & 28 Vict. c. 112), s. 4, as the words in that enactment which required registration of the process of execution as a condition prece-dent to obtaining an order for sale were repealed by the Land Charges Act, 1900 (stat. 63 & 64 Vict. c. 26), s. 5.

(k) Above, pp, 164 - 166.

(l) Above, p. 395, n. (i).

It will have been observed (q) that the provisions of the Land Charges Acts, 1888 and 1900, do not apply to orders made by a Court having jurisdiction in bankruptcy in the exercise of that jurisdiction. Such orders, if made for the payment of any sum of money, or any costs, charges or expenses, appear to have the effect of a judgment (r), and therefore to operate as a charge on the lands of the person ordered to pay (s): but all the enactments which rendered registration of the order or of the writ of execution or actual delivery in execution a condition precedent to such lien have been repealed (t). Such orders may be made, for example, where one who has contracted with a person afterwards adjudged bankrupt applies in the bankruptcy for rescission of the contract and is ordered to pay damages or costs (u). There do not appear to be any means of discovering whether lands sold are affected by a liability of this kind.