In equity.

No charge on benefices.

Provisions for registra tion.

seised or possessed at the date of the judg at any time afterwards, or over which he ma any disposing power which he might, with assent of any other person, exercise for 1 benefit. A judgment is also a specific charg such property as is before mentioned, and other kind of disposable estate of the which could not be taken in execution, estates in reversion, remainder or expectan vowsons, equities of redemption, &c. &c.; clause which makes the judgment an e charge expressly declares that it shall be on the issue of the body of the debtor, and a persons whom he might alone debar fr remainder, reversion or other interest.

Charges on ecclesiastical livings being pr by previous statutes, a judgment has been to be a charge on this species of property. (1 v. Gathercole, 3 W. R. 194; 13 Eliz. c. Geo. 3. c. 99.).

The 19th section of the 1 & 2 Vict. c. 1 vides" that no judgment, decree, order or ru by virtue of the act, affect any lands, tener hereditaments, as to purchasers, mortgagee ditors, unless and until a memorandum or containing the name and the usual or las place of abode, and the title, trade or prof the person whose estate is intended to be thereby, and the Court and the title of t or matter in which such judgment, decr or rule shall have been obtained or made,

date of such judgment, decree, order or rule, and the account of the debt, damages, costs or monies thereby recovered or ordered to be paid, shall be left with the senior Master of the Court of Common Pleas at Westminster."

A question has arisen on the above section, whether it was intended to exclude the doctrine of notice, so as to make registry essential to bind a purchaser with notice, and the 3 & 4 Vict. c. 82. succeeded in making notice immaterial to a purchaser, so far as the remedies given to the judgment creditor have been extended by the 1 & 2 Vict. c. 110. By that act it is provided, "that no such judgment, decree, order or rule as aforesaid, shall, by virtue of the said act, affect any lands, tenements or hereditaments, at law or in equity, as to purchasers, mortgagees or creditors, unless and until such a memorandum or minute as in the said act in that behalf mentioned, shall have been left with the senior Master of the said Court of Common Pleas at Westminster, any notice of any such judgment, decree, order or rule to any such purchaser, mortgagee or creditor in anywise notwithstanding."

It still, however, remained doubtful whether a purchaser, with notice of a judgment not registered, could be bound to the extent of the remedies under the Statute of Westminster. To remedy this defect in the previous statutes it has been enacted, by the 4th section of the 18 & 19 Vict. c. 15., that no judgment, decree, order or rule, which might be

Provisions for re-regis

tration.

.

registered under the said act of the 1 & 2 Vict., shall affect any lands, &c., as to purchasers, mortgagees or creditors, unless and until such a memorandum or minute, as in the said act in that behalf mentioned, shall have been left with the proper officer of the proper Court, any notice of any such judgment &c. to any such purchaser, mortgagee, or creditor in anywise notwithstanding.

The 4th section of the 2 & 3 Vict. c. 11. enacts, "that all judgments of the superior Courts, decrees or orders in any Court of equity, rules of a Court of common law, and orders in bankruptcy or lunacy, which, since the passing of the said act of the 1 & 2 Vict. c. 110., have been registered under the provisions therein contained, or which shall hereafter be so registered, shall, after the expiration of five years from the date of the entry thereof, be null and void against lands, tenements and other hereditaments, as to purchasers, mortgagees or creditors, unless a like memorandum or minute as was required in the first instance is again left with the senior Master of the said Court of Common Pleas within five years before the execution of the conveyance, settlement, mortgage, lease or other deed or instrument vesting or transferring the legal or equitable right, title, estate or interest in or to any such purchaser or mortgagee for valuable consideration, or, as to creditors within five before years, the right of such creditors accrued, and so, toties quoties, at the expiration of every succeeding five years; and the senior Master shall forthwith reenter

the same in like manner as the same was originally entered, and such officer shall be entitled for any such re-entry to the sum of one shilling."

In order to remove the doubts which have arisen upon this provision, it is provided, by the 5th section of the 18 & 19 Vict. c. 15., that the provision contained in the section numbered 2 of the 3 & 4 Vict. c. 82. shall extend not only to the 1 & 2 Vict. c. 110., but also to the 4th section of the 2 & 3 Vict. c. 11. as explained by this act (i. e. the 18 & 19 Vict. c. 15.), so that notice of any judgment &c. not duly re-registered, shall not avail against purchasers, mortgagees or creditors, as to lands, tenements or hereditaments.

&c., not

affected by

not entered for five years.

If the judgment has not been registered within Purchasers, five years before the execution of the conveyance, notice if it may be assumed that it is not binding on the judgments purchaser or mortgagee, whether he can be attached with notice or not. In the case of Shaw v. Neale (3 W. Rep. 350), the Vice Chancellor said, with regard to a purchase made subsequently to the date and registry of a judgment which was duly registered within five years after the date of the purchase, but not re-registered within five years from the date of the original registry, "It is true that the order was first a valid subsisting charge, but it ceased to be so when five years had elapsed from the date of the original registry, and the subsequent registration operated just as if the debt had been paid off and a new judgment had then been obtained and registered for the first time."

The 6th section of the 18 & 19 Vict. c. 15., by Provisions

explained.

of former act way of explanation of the 4th section of the 2 & 3 Vict. c. 11., enacts that it shall be sufficient to bind such purchasers, mortgagees and creditors, if such a memorandum or minute as was required in the first instance is again left with the senior Master of the Common Pleas within five years before the execution of the conveyance, settlement, mortgage, lease, or other deed or instrument vesting or transferring the legal or equitable right, title, estate or interest, in or to any such purchaser, or mortgagee, for valuable consideration, or as to creditors within five years, before the right of such creditors accrued, as directed by the said last mentioned act, although more than five years shall have expired by effluxion of time, since the last previous registration before such last mentioned memorandum or minute was left, and so toties quoties upon every re-registry.

Purchasers and mort

out notice.

But it is important to bear in mind that, although garees with the judgment may have been duly registered and re-registered under the acts of Victoria, it can have no greater operation as against a purchaser or mortgagee without notice than it would have had prior to the act. (See the 5th section of the 2 & 3 Vict. c. 11.)

Judgments obtained in inferior Courts.

Search

Judgments &c. obtained in the inferior Courts, on being removed into any of the superior Courts, rank as judgments of such superior Courts, and they must then be registered and afterwards re-registered any other judgment in order to be binding on purchasers, mortgagees and creditors. (See 1 & 2 Vict. c. 110. s. 22., 18 & 19 Vict. c. 15. s. 7.)

like

A search for judgments can rarely with propriety