Bankruptcy.

Deeds of arrangement.

(y) Co. Litt. 344 b; Anon., 1 Vern. 318; Hiern v. Mill, l3 Ves. 114, 120; Bellamy v. Sabine, 1 De G. & J. 566; Price v. Price, 35 Ch. D. 297.

(s) See above, p. 224.

(a) Bull v. Hutchens, 32 Beav. 615.

(b) See Wms. Real Prop. 277 and n. (p), 21st ed.

(c) Stat. 18 & 19 Vict. c. 15, s. 3.

(d) See above, pp. 546 - 550; stats. 46 & 47 Vict. c. 52, s. 44; 53 & 54 Vict. c. 71, s. 3 (16, 17 . An order of adjudication in bankruptcy does not require to be registered in Middlesex in order to pass the lands there situate to the trustee: Re Calcott and Elvin's Contract, 1898, 2 Ch. 460. But as to land in Yorkshire, it appears that under the Yorkshire Registries Act, 1884, a trustee in bankruptcy must register the order of adjudication in order to secure for himself priority over all persons who might claim under a subsequent registered conveyance from the debtor; see stat. 47 & 48 Vict, c. 54, ss. 3, 4, 6 (3), 14; above, p. 377, and n. (z).

(e) Stat. 50 & 51 Vict. c. 57, amended as to Ireland by 53 & 54 Vict, c 21: see rule thereunder, W. N. 7 July, 1888.

(f) See Re Saumarez, 1907. 2 K. B. 170.

(g) In Ireland the place of registration is the Bills of Sale Office of the King's Bench Division: stat. 50 & 51 Vict. c .57. s. 8.

(h) Others may execute the deed after registration: Re Batten, Ex parte Milne, 22 Q. B. D. 685. Instruments executed out of. England or Ireland may be posted within one week after execution, and registered within seven days after arrival in the ordinary course of post: stat. 50 & 51 Vict. c. 57, s. 5. (i) Stat. 51 & 52 Vict. c. 51, ss 2, 4, 7 - 9. Such a deed need not, since the passing of the Land Charges Act, 1900, be registered in the Middlesex Registry: stat. 63 & 64 Vict. c. 26, s. 4.

(k)Above, p. 582, n. (q). (l) See Cooper v. Stephenson, 16 Jur. 424, 21 L. J. Q. B. 292.

38 (2)

Disentailing assurances.

Deeds acknowledged.

(m) See the cases cited above, pp. 551, 552, nn. (a), (o).

(n) See stat. 45 & 46 Vict, c. 39, s. 7; Wms. Real Prop. 311 and n. (c), 21st ed.

(o) 1 Dart, V. & P. 499, 5th ed.; 568, 6th ed.

(p) Stat 3 & 4 Will. IV. c. 74.

(q) Stat. 42 & 43 Vict. C. 78; R. S. C. 1883, Order 61, r. 9.

(r) Established by stat. 1 & 2 Vict. c. 94.

(s) Stats. 38 & 39 Vict. c. 87; 60 & 61 Vict. c. 65; Land Transfer Rules (1898), 12, 14; Wms. Real Prop. 671, 672. 21st ed.

(t) Above, p. 380.

(u) See Wms. Real Prop. 643 - 648, 21st ed.

Search in Middlesex and Yorkshire Registries.

Copyholds.

It appears, then, that the searches which should usually be made on the purchase of land are the following: What searches should usually be made.

l. In the Office of Land Registry for writs and orders affecting land registered or re-registered within the last five years (z).

1. Write and orders affecting land.

2. In the same office for any lis pendens registered or re-registered within the last five years (a). And where the lands sold are situate in Lancashire or Durham, tor lis pendens so registered or reregistered in the Lancaster or Durham Court of Chancery (b).

2. Lis pendens.

3. In the Office of Land Registry for registered life annuities

3. Life annuities.

4. If there is reason to suspect that the vendor or some former owner is or has been in embarrassed circumstances, then certainly, but advisably on every sale, for adjudications of bankruptcy.

4. Bankruptcy.

(x) Above, pp. 373 sq.

(y) Above, p. 346.

(z) Above, pp. 580 - 587.

(a)Above, pp. 698, 594.

(b) Above, p. 694. (c) Above, p. 587.

Receiving orders, schemes of arrangement, and compositions under the Bankruptcy Act, 1883 (d); and where it is necessary to go back so far, for adjudications or liquidations by arrangement under the Bankruptcy Act, 1869 (e), or any previous Bankruptcy Act (f), or for insolvency (g). These searches are made in the registers kept at the Bankruptcy Court in London (h). Receiving orders and adjudications are required to be advertised in the London Gazette (i).

5. In the same circumstances, but advisably on every sale, at the Office of Land Registry for deeds of arrangement registered there (k.).

5. Deeds of arrangement.

6. On sale of land situate in a district where registration of title is compulsory on sale, but as a prudent precaution (though perhaps the caution is excessive) on every sale, at the Office of Land Registry in the index map and list of pending-applications (l).

6. For registration of title.

7. On sale of land which is or has within the last twenty-five years been agricultural land (m), or may otherwise be subject to some land improvement charge (m), in the Office of Land Registry for land charges registered there (o), and also, until by the effluxion of time land charges created prior to the year 1889 must have ceased to affect lands, for land charges so created and registered elsewhere (p).

7. Land charges.

8. On purchase of land situate in Middlesex or

8. Middlesex or Yorkshire Register.

(d) Above, pp. 594, 595.

(e) Stat. 32 & 33 Viet. c. 71. (f) See Wms. Pers. Prop. 238,

241, 254, n. (d), 16th ed.

(g) Ibid. 277; Wms. Real Prop. 279, 21st ed.

(h) Elphinstone and Clark on Searches, 98, 100, 101.

(i) Stat. 40 & 47 Vict. c. 52, SB. 13, 20 (2), 132.

(k) Above, p. 595.

(l) Above, p. 596. (m) See above, pp. 177, 588 - 593.

(n) See above, pp. 588 - 593.

(o) Above, pp. 588, 589.

(p) Above, pp. 589 - 591.

Yorkshire, in the county register for any registered assurance affecting the land (q).

9. On purchase of copyholds, in the Court Rolls, for any enrolled assurance affecting the land purchased (r).

9. Court Rolls.

10. On the purchase of land from a company regis-regis-tered under the Companies Act, 1862 (s), or the Companies (Consolidation) Act, 1908, at the office of the Registrar of Joint Stock Companies in the register established there by the Companies Acts, 1900 (t) and 1907 (u) and the Companies 'Consolidation) Act, 1908 (x), of the mortgages and charges created after the year 1900 by any such company for any of the purposes mentioned in those Acts. Where a limited company is the vendor the purchaser should also inspect the company's register of all mortgages and charges specifically affecting its property (y). And, as by the Companies (Consolidation) Act, 1908 (z), in the case of a winding up of a company by or subject to the supervision of the Court, every disposition of the property of the company made after the commencement of the winding up (a) shall, unless the Court otherwise orders, be void, a purchaser of land from a company should, where there is any reason to suspect the position of the company, search in the London. Gazette for advertisements of winding-up petitions (b).