seldom be with. be dispensed with. It is true that want of notice should will protect a purchaser or mortgagee as to all the extended remedies of the new law, so that a purchaser of copyholds would be safe if his money was advanced before he obtained notice of the judgment; the same may be said of a purchaser without notice of leaseholds if the sale was made before the writ was delivered to the sheriff, and of a purchaser without notice of lands obtained under the execution of a power as to judgments entered up against the vendor after the creation of the power. But however good a holding title the purchaser might acquire by this means, he would not possess a title which he could enforce on a purchaser from him, as it would be impossible to prove the fact that he had purchased without notice. The search for judgments should be made for five years in the Common Pleas, in the name of all those persons who have had interests in the property during the preceding twenty years, down to the respective periods at which their interests in the property respectively ceased. bankruptcy. A judgment, whether founded on a warrant of Effect of attorney (see 12 & 13 Vict. c. 106. s. 184.; Ex parte Boyle, bankrupt, 22 L. T. 110), or obtained adversely, now has a preference in bankruptcy if it has been entered up at least a year before the bankruptcy; so that it is sufficient to extend the search against the bankrupt down to the commencement of one year before the bankruptcy. (1 & 2 Vict. c. 110. s. 13) The 18 & 19 Vict. c. 15., contains a provision Search mortgagee against which makes it unnecessary to search for judg. unnecessary. ments or Crown debts against a mortgagee on the occasion of a bona fide transfer, or on his being paid off. (Sect. 11.) But it would seem that the search should be made in every instance where the mortgagee professes to release the land from the mortgage without and before being paid off. Judgments of palatine courts. Search for lis pendens. Search for annuities. If the property is situated in a county palatine, a search for five years must be made for judgments entered up in the palatine court, as well as for other judgments which are required to be entered in the Common Pleas. It seems clear that a purchaser with notice of an unregistered judgment of the palatine courts will not in future be affected by it. (See 1 & 2 Vict. c. 110. ss. 18. 19. & 21., 2 & 3 Vict. c. 11. ss. 4. 5., 3 & 4 Vict. c. 82. s. 2., 18 & 19 Vict. c. 15. ss. 1. 2. 3.) It is sufficient to search for lis pendens in the Common Pleas for five years, it being provided that a purchaser or mortgagee, even though he may have express notice thereof, shall not be bound by a lis pendens, a memorandum of which has not been left with the senior Master for registration within five before the execution of the conveyance, &c., years and the provisions for the re-entering of judgments every five years are made equally applicable to every case of lis pendens. (2 & 3 Vict. c. 11. s. 7.) It will also be desirable in many cases to search for annuities, memorials of which were until lately obliged to be enrolled in Chancery, but now the Common Pleas Office is the place where they must be entered. (53 Geo. 3. c. 141., 18 & 19 Vict. c. 15. s. 12.) of Bank Insolvency searched. There are also occasions when the circum- When rolls stances of the vendor may make it prudent to search the Rolls of the Bankruptcy and Insolvent Courts. should be In the case of bankruptcy the fiat or adjudication and certificate of the appointment of assignees cannot be received in evidence until the same have been entered on record, and this must be done at the vendor's expense. (12 & 13 Vict. c. 106. s. 236). A certified copy of any order vesting the estate of the insolvent in the assignees, and a certified copy of the appointment of the assignees, where any conveyance or assignment of the property would require to be registered, are required to be registered in the registry office, court or place wherein any such conveyance or assignment would require to be registered; and it is provided that the title of any purchaser for valuable consideration, without notice of any such order or appointment, who shall have duly registered or recorded his purchase deed prior to the registry thereby directed, shall not be invalidated by reason of such order or appointment, unless a certified copy of such order and a certified copy of such appointment shall be registered within two months after the date of such order and appointment respectively. (1 & 2 Vict. c. 110. s. 46., 5 & 6 Vict. c. 116. s. 8. Lee v. Greem, M. C. July 10). simple con Crown. A debt by simple contract to the Crown, as such, Debts by is no charge on the land of the debtor; but when tract to the it becomes in effect a debt of record, then, like Operation of all Crown debts upon record or by specialty, it becomes an immediate lien on all the debtor's G specialties. Accountants. Provisions for registration. Searches for property, except copyholds, which are not exte by Crown process, and leaseholds, which ar bound from the teste of the extent. An accountant to the Crown is a deb specialty to the Crown, so that he cannot dis any of the freehold lands which he may during the period of his accountantship wit certificate of discharge from the Commissio her Majesty's Treasury. (13 Eliz. c. 4., 2 & c. 11. s. 10). By the 8th section of the 2 & 3 Vict. c. 1 enacted, that no judgment, &c., thereafter obtained or entered into in the name o account of her Majesty, or inquisition by any debt should be found due to her Maj obligation or specialty thereafter to be made acceptance of office thereafter to be accep officers whose lands should thereby becom for the payment of arrearages under the the 13 Eliz. c. 4., shall affect any lan as to purchasers or mortgagees, until a m dum containing the particulars thereby 1 is left with the senior Master of the C Common Pleas, who shall forthwith enter t particulars in a book to be intituled "Th to Debtors and Accountants to the Crown.' The search must be carried back for a twenty years, as the act contains no prov the re-registration of Crown debts. The act for the registration of Crown will be seen, refers only to judgments, &c., after the date of the act, so that a search fo debts should be made in the Exchequer Office, and amongst the Receiver General's bonds at the Tax Office, as well as in the Common Pleas (a). should never omit proper searches. A solicitor for his own security should never Solicitor omit to make the usual searches, unless he is specially s authorized or directed in writing by his client not to do so; and if the title is laid before counsel, who advises that a Particular search should be purpose of made, as, for instance, a search for the No. XII. APPOINTMENT and CONVEYANCE of FREEHOLDS APPOINT to Uses to bar DOWER. MENT AND GRANT TO DOWER. THIS INDENTURE, made the day of, BETWEEN third part: WHEREAS by day of, and made or an indenture, bearing date the debts, the reader is referred to Prideaux's Treatise on Judgments and on the subject of judgments and Crown Recite con veyance to H |