Notes to Exe

Amount se

curities.

Money or Bank Notes, (whether of the Governor and Company of the Bank of England, or of any other Bank or Bankers,) and any Cheques, Bills of Exchange, Promissory Notes, Bonds, Specialties, or other Securities for Money, belonging to the Person against whose Effects such Writ of Fieri facias shall be sued out; and may and shall pay or deliver to the Party suing and to pay out such Execution any Money or Bank Notes which shall be Money or Bank so seized, or a sufficient Part thereof; and may and shall hold cution Creditor; any such Cheques, Bills of Exchange, Promissory Notes, Bonds, Specialties, or other Securities for Money as a Security or Securities for the Amount by such Writ of Fieri facias directed to be levied, or so much thereof as shall not have been otherwise levied and raised; and may sue in the Name of such and to sue for Sheriff or other Officer for the Recovery of the Sum or Sums cured by Bills secured thereby, if and when the Time of Payment thereof shall of Exchange have arrived; and that the Payment to such Sheriff or other and other SeOfficer by the Party liable on any such Cheque, Bill of Exchange, Promissory Note, Bond, Specialty, or other Security, with or without Suit, or the recovering and levying Execution against the Party so liable, shall discharge him to the Extent of such Payment, or of such Recovery and Levy in Execution, as the Case may be, from his Liability on any such Cheque, Bill of Exchange, Promissory Note, Bond, Specialty, or other Security; and such Sheriff or other Officer may and shall pay over to the Party suing out such Writ the Money so to be recovered, or such Part thereof as shall be sufficient to discharge the Amount by such Writ directed to be levied; and if, after Satisfaction of the Amount so to be levied, together with Sheriff's Poundage and Expences, any Surplus shall remain in the Hands of such Sheriff or other Officer, the same shall be paid to the Party against whom such Writ shall be so issued; provided that no such Sheriff or other Officer shall be bound Proviso as to to sue any Party liable upon any such Cheque, Bill of Exchange, Indemnity for Promissory Note, Bond, Specialty, or other Security, unless the Party suing out such Execution shall enter into a Bond, with Two sufficient Sureties, for indemnifying him from all Costs and Expences to be incurred in the Prosecution of such Action, or to which he may become liable in consequence thereof, the Expence of such Bond to be deducted out of any Money to be recovered in such Action.

Sheriff.

XIII. And be it enacted, That a Judgment already entered Judgment to up or to be hereafter entered up against any Person in any of operate as a Charge on Real Her Majesty's Superior Courts at Westminster shall operate as Estate. a Charge upon all Lands, Tenements, Rectories, Advowsons, Tithes, Rents, and Hereditaments (including Lands and Hereditaments of Copyhold or Customary Tenure) of or to which such Person shall at the Time of entering up such Judgment, or at any Time afterwards, be seised, possessed, or entitled for any Estate or Interest whatever, at Law or in Equity, whether in Possession, Reversion, Remainder, or Expectancy, or over which such Person shall at the Time of entering up such Judgment, or at any Time afterwards, have any disposing Power which he

might without the Assent of any other Person exercise for his own Benefit, and shall be binding as against the Person against whom Judgment shall be so entered up, and against all Persons claiming under him after such Judgment, and shall also be binding as against the Issue of his Body and all other Persons whom he might without the Assent of any other Person cut off and debar from any Remainder, Reversion, or other Interest in or out of any of the said Lands, Tenements, Rectories, Advowsons, Tithes, Rents, and Hereditaments; and that every Judgment Creditor shall have such and the same Remedies in a Court of Equity against the Hereditaments so charged by virtue of this Act, or any Part thereof, as he would be entitled to in case the Person against whom such Judgment shall have been so entered up had Power to charge the same Hereditaments, and had by Writing under his Hand agreed to charge the same with the Amount of such Judgment Debt and Interest thereon: Provided that no Judgment Creditor shall be entitled to proceed in Equity to obtain the Benefit of such Charge Expiration of a until after the Expiration of One Year from the Time of

Charge not to be enforced until after the

Year.

Proviso as to
Purchasers, &c.

Stock and Shares in Public Funds and

Public Companies belonging to the Debtor,

and standing in his own Name, to be charged by Order of a Judge.

entering up such Judgment, or in Cases of Judgments already entered up, or to be entered up before the Time appointed for the Commencement of this Act, until after the Expiration of One Year from the Time appointed for the Commencement of this Act, nor shall such Charge operate to give the Judgment Creditor any Preference in case of the Bankruptcy of the Person against whom Judgment shall have been entered up unless such Judgment shall have been entered up One Year at least before the Bankruptcy: Provided also, that as regards Purchasers, Mortgagees, or Creditors, who shall have become such before the Time appointed for the Commencement of this Act, such Judgment shall not affect Lands, Tenements, or Hereditaments, otherwise than as the same would have been affected by such Judgment if this Act had not passed: Provided also, that nothing herein contained shall be deemed or taken to alter or affect any Doctrine of Courts of Equity whereby Protection is given to Purchasers for valuable Consideration without Notice. XIV. And be it enacted, That if any Person against whom Judgment shall have been entered up in any of Her Majesty's Superior Courts at Westminster shall have any Government Stock, Funds, or Annuities, or any Stock or Shares of or in any Public Company in England (whether incorporated or not), standing in his Name in his own Right, or in the Name of any Person in Trust for him, it shall be lawful for a Judge of one of the Superior Courts, on the Application of any Judgment Creditor, to order that such Stock, Funds, Annuities, or Shares, or such of them or such Part thereof respectively as he shall think fit, shall stand charged with the Payment of the Amount for which Judgment shall have been so recovered, and Interest thereon, and such Order shall entitle the Judgment Creditor to all such Remedies as he would have been entitled to if such Charge had been made in his Favour by the Judgment Debtor; provided that no Proceedings shall be taken to have the Benefit

any

of

of such Charge until after the Expiration of Six Calendar Months from the Date of such Order.

the first instance

pany to operate

as a Distringas.

XV. And in order to prevent any Person against whom Order of Judge Judgment shall have been obtained from transferring, receiving, to be made in or disposing of any Stock, Funds, Annuities, or Shares hereby ex parte, and on authorized to be charged for the Benefit of the Judgment Notice to the Creditor under an Order of a Judge, be it further enacted, Bank or ComThat every Order of a Judge charging any Government Stock, Funds, or Annuities, or any Stock or Shares in any Public Company, under this Act, shall be made in the first instance ex parte, and without any Notice to the Judgment Debtor, and shall be an Order to show Cause only; and such Order, if any Government Stock, Funds, or Annuities standing in the Name of the Judgment Debtor in his own Right, or in the Name of any Person in Trust for him, is to be affected by such Order, shall restrain the Governor and Company of the Bank of England from permitting a Transfer of such Stock in the meantime and until such Order shall be made absolute or discharged; and if any Stock or Shares of or in any Public Company, standing in the Name of the Judgment Debtor in his own Right, or in the Name of any Person in Trust for him, is or are to be affected by any such Order, shall in like Manner restrain such Public Company from permitting a Transfer thereof; and that if, after Notice of such Order to the Person or Persons to be restrained thereby, or in case of Corporations to any authorized Agent of such Corporation, and before the same Order shall be discharged or made absolute, such Corporation or Person or Persons shall permit any such Transfer to be made, then and in such Case the Corporation or Person or Persons so permitting such Transfer shall be liable to the Judgment Creditor for the Value or Amount of the Property so charged and so transferred, or such Part thereof as may be sufficient to satisfy his Judgment; and that no Disposition of the Judgment Debtor in the meantime shall be valid or effectual as against the Judgment Creditor; and further, that, unless the Judgment Debtor shall within a Time to be mentioned in such Order show to a Judge of one of the said Superior Courts sufficient. Cause to the contrary, the said Order shall, after Proof of Notice thereof to the Judgment Debtor, his Attorney or Agent, be made absolute: Provided that any such Judge shall, upon the Application of the Judgment Debtor, or any Person interested, have full Power to discharge or vary such Order, and to award such Costs upon such Application as he may think fit.

XVI. And be it enacted, That if any Judgment Creditor, Securities not who under the Powers of this Act shall have obtained any

Charge or be entitled to the Benefit of any Security what- relinquished if soever, shall afterwards, and before the Property so charged or in Execution. secured shall have been converted into Money or realized, and the Produce thereof applied towards Payment of the Judgment Debt, cause the Person of the Judgment Debtor to be taken or charged in Execution upon such Judgment, then and in

such

Judgment
Debts to carry

Interest.

Har Dry. 3495

Decrees and

Orders of Courts
of Equity, &c.
to have Effect

of Judgments.

such Case such Judgment Creditor shall be deemed and taken to have relinquished all Right and Title to the Benefit of such Charge or Security, and shall forfeit the same accordingly.

XVII. And be it enacted, That every Judgment Debt shall carry Interest at the Rate of Four Pounds per Centum per Annum from the Time of entering up the Judgment, or from the Time of the Commencement of this Act in Cases of Judgments then entered up and not carrying Interest, until the same shall be satisfied, and such Interest may be levied under a Writ of Execution on such Judgment.

XVIII. And be it enacted, That all Decrees and Orders of Courts of Equity, and all Rules of Courts of Common Law, and all Orders of the Lord Chancellor or of the Court of Review in Matters of Bankruptcy, and all Orders of the Lord Chancellor in Matters of Lunacy, whereby any Sum of Money, or any Costs, Charges, or Expences, shall be payable to any Person, shall have the Effect of Judgments in the Superior Courts of Common Law, and the Persons to whom any such This does not sent Monies, or Costs, Charges, or Expences, shall be payable, shall be deemed Judgment Creditors within the Meaning of this

a

footing worth Act; and all Powers hereby given to the Judges of the Superior Frall prisp Courts of Common Law with respect to Matters depending in Farmer & Must the same Courts shall and may be exercised by Courts of Equity 7 Jatt N 12 4/1 with respect to Matters therein depending, and by the Lord

No Judgment,

Decree, &c., to

affect Real Es-
tate, otherwise
than as before

Chancellor and the Court of Review in Matters of Bankruptcy,

and by the Lord Chancellor in Matters of Lunacy; and all Remedies hereby given to Judgment Creditors are in like Manner given to Persons to whom any Monies, or Costs, Charges, or Expences, are by such Orders or Rules respectively directed to be paid.

XIX. Provided always, and be it further enacted, That no Judgment of any of the said Superior Courts, nor any Decree or Order in any Court of Equity, nor any Rule of a Court of Common Law, nor any Order in Bankruptcy or Lunacy, shall the Act, until by virtue of this Act affect any Lands, Tenements, or Hereditaregistered. ments, as to Purchasers, Mortgagees, or Creditors, unless and until a Memorandum or Minute, containing the Name, and the usual or last known Place of Abode, and the Title, Trade, or Profession of the Person whose Estate is intended to be affected thereby, and the Court and the Title of the Cause or Matter in which such Judgment, Decree, Order, or Rule shall have been obtained or made, and the 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, who shall forthwith enter the same Particulars in a Book in alphabetical Order by the Name of the Person whose Estate is intended to be affected by such Judgment, Decree, Order, or Rule; and such Officer shall be entitled for any such Entry to the Sum of Five Shillings; and all Persons shall be at liberty to search the same Book on Payment of the Sum of One Shilling.

XX. And

be framed.

XX. And be it enacted, That such new or altered Writs shall New Writs to be sued out of the Courts of Law, Equity, and Bankruptcy as may by such Courts respectively be deemed necessary or expedient for giving Effect to the Provisions herein-before contained, and in such Forms as the Judges of such Courts respectively shall from Time to Time think fit to order; and the Execution of such Writs shall be enforced in such and the same Manner as the Execution of Writs of Execution is now enforced, or as near thereto as the Circumstances of the Cases will admit; and that any existing Writ the Form of which shall be in any Manner altered in pursuance of this Act shall nevertheless be of the same force and virtue as if no Alteration had been made therein, except so far as the Effect thereof may be varied by this Act.

Powers, &c. of this Act applicable to the Courts and Judges at Westminster to be Courts of Lan

applicable to

XXI. And be it enacted, That all the Remedies, Authorities, and Provisions of this Act applicable to Her Majesty's Superior Courts of Common Law at Westminster, and the Judgments and Proceedings therein, shall extend to and be applicable to the Court of Common Pleas of the County Palatine of Lancaster and the Court of Pleas of the County Palatine of Durham, within the Limits of the Jurisdiction of the same Courts respec- caster and Durtively; and the Judgments of each of the said last-mentioned ham. Courts shall, within the Limits of the Jurisdiction of the same Courts respectively, have the same Effect in all respects as the Judgments of any of Her Majesty's said Superior Courts at Westminster under and by virtue of this Act; and all Powers and Authorities hereby given to the Judges or any Judge of Her Majesty's Superior Courts at Westminster, with respect to Matters depending in the same Courts, shall and may be exercised by the Judges or any Judge of the said Court of Common Pleas at Lancaster, or the Justices or any Justice of the said Court of Pleas at Durham, with respect to Matters therein depending, and within the Jurisdiction of the same Courts respectively: Provided always, that no Judgment of either of the same last-mentioned Courts shall by virtue of this Act affect any Lands, Tenements, or Hereditaments, as to Purchasers, Mortgagees, or Creditors, unless and until a Memorandum or Minute, containing the Name and the usual or last known Place of Abode, and Title, Trade, or Profession of the Plaintiff and Defendant, the Date when such Judgment was signed, and the Amount of the Debt, Damages, and Costs thereby recovered, shall be left with the Prothonotary or Deputy Prothonotary, or some other Officer to be appointed for that Purpose by the said Courts respectively, who shall forthwith enter the same Particulars in a Book in alphabetical Order by the Name of the Person whose Estate is to be affected thereby, and such Officer shall be entitled for every such Entry to the Sum of Two Shillings and Sixpence; and all Persons shall be at liberty to search the same Book on Payment of the Sum of One Shilling: And provided also, that no Order or other Proceeding under this Act made by any Justice or Justices of the said Court of Common Pleas of the County Palatine of Lancaster or the Court of Pleas in

the