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1 & 2 Vict. of this act affect any lands, tenements or hereditaments, as to c. 110, s. 21. 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 county palatine of Durham, shall be valid or effectual except made in open court on one of the court or return days of the same court, except such justice or justices shall be also a judge or judges of one of the said courts at Westminster provided also, that no order directing any person or persons to be held to bail under this act, nor any order for discharging out of custody any person or persons arrested under this act, shall be made by any justice or justices of the Court of Pleas in the county palatine of Durham, who shall not be a judge or judges of one of the said courts of common law at Westminster.

For removal of judgment of inferior courts.

JUDGMENTS OF INFERIOR COURTS.

22. In all cases where final judgment shall be obtained in any action or suit in any inferior court of record, in which at the time of passing this act a barrister of not less than seven years' standing shall act as judge, assessor or assistant in the trial of causes, and also in all cases where any rule or order shall be made by any such inferior court of record as aforesaid whereby any sum of money or any costs, charges or expenses shall be payable to any person, it shall be lawful for the judges of any of her Majesty's superior courts of record at Westminster, or, if such inferior court be within the county palatine of Lancaster, for the judges of the Court of Common Pleas at Lancaster, or for any judge of any of the said courts at chambers, either in term or vacation, upon the application of any person who at the time of the commencement of this act shall have recovered, or who shall at any time thereafter recover such judgment, or to whom any money or costs, charges or expenses shall be payable by such rule or order as aforesaid, or upon the application of any person on his behalf, and upon the production of the record of such judgment, or upon the production of such rule or order, such record or rule or order, as the case

may be, being respectively under the seal of the inferior court, and the signature of the proper officer thereof, to order and direct the judgment, or as the case may be, the rule or order of such inferior court, to be removed into the said superior court, or into the Court of Common Pleas at Lancaster, as the case may be, and immediately thereupon such judgment, rule or order shall be of the same force, charge and effect as a judgment recovered in or a rule or order made by such superior court, and all proceedings shall and may be immediately had and taken thereupon or by reason or in consequence thereof, as if such judgment so recovered or rule or order so made had been originally recovered in or made by the said superior court, or into the Court of Common Pleas at Lancaster, as the case may be; and all the reasonable costs and charges attendant upon such application and removal shall be recovered in like manner as if the same were part of such judgment or rule or order provided always, that no such judgment or rule or order, when so removed as aforesaid, shall affect any lands, tenements or hereditaments, as to purchasers, mortgagees or creditors, any further than the same would have done if the same had remained a judgment, rule or order of such inferior court, unless and until a writ of execution thereon shall be actually put into the hands of the sheriff or other officer appointed to execute the same (x).

(x) The proviso at the end of this section is repealed by 18 & 19 Vict. c. 15, s. 7, post.

1 & 2 Vict.

c. 110, s. 22.

Where a judgment is removed from an inferior court for execution Removal of under this act, the court will only enforce the judgment, and will not inquire judgments. into the regularity of previous proceedings below. (Simons v. Count de Wintz, 8 Dowl. P. C. 646.) A final order or decree of the vice-warden of the Stannary Courts, on the equity side, may be removed into the Court of Queen's Bench, the defendant having gone out of the jurisdiction, in order to issue execution pursuant to this section. (Harvey v. Gilbard, 7 Dowl. P. C. 616; 3 Jur. 316.) Under this statute such an order or decree may be made a rule of the Court of Queen's Bench by a rule absolute in the first instance. (lb., see 7 Dowl. P. C. 525.) See, further, 1 Chitty's Archbold, 1332 et seq., 12th ed.

The judgment of a county court constituted under the 9 & 10 Vict. c. 95, Judgments of is not removable into a superior court for the purpose of execution, either county courts. under the 19 Geo. 3, c. 70, s. 4, or this section. (Moreton v. Holt, 10 Exch. 707; 1 Jur., N. S. 215; 24 L. J., Ex. 169; see Re Turner, 12 W. R. 337.)

The Court of Chancery will aid a judgment of a county court, which cannot be enforced at law against the equitable chattel estate of the defendant. (Bennett v. Powell, 3 Drew. 326.)

Where a court of competent jurisdiction has adjudicated a certain sum to be due from one person to another, a legal obligation arises to pay that sum, on which an action of debt to enforce the judgment may be maintained. It is in this way that the judgments of foreign and colonial courts are supported and enforced; and the same rule applies to inferior courts in this country, and applies equally whether they be courts of record or not. (Parke, B., Williams v. Jones, 14 Mees. & W. 633.) As to actions brought upon foreign judgments, see Doe v. Oliver, 2 Smith, L. C. 726 et seq., 6th ed. And as to making judgments obtained in England, Scotland, Ireland, effectual in other parts of the United Kingdom, see 31 & 32 Vict. c. 54.

In order to acknowledge satisfaction of a judgment, it shall be required only to produce a satisfaction piece in form as hereinafter mentioned, and

Entry of satisfaction on roll.

1 & 2 Vict.

c. 110, s. 22.

Entry of satisfaction on judgments.

such satisfaction piece shall be signed by the party or parties acknowledging
the same, or their personal representatives, and such signature or signatures
shall be witnessed by a practising attorney of one of the courts at West-
minster, expressly named by him or them and attending at his or their
request, to inform him or them of the nature and effect of such satisfaction
piece, before the same is signed, and which attorney shall declare himself
in the attestation thereto to be the attorney for the person or persons so
signing the same, and state he is witness as such attorney [provided that a
judge at chambers may make an order dispensing with such signature
under special circumstances, if he thinks fit], and in cases where the satis-
faction piece is signed by the personal representative of a deceased, his
representative character shall be proved in such manner as the master may
direct.
FORM OF SATISFACTION PIECE.

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"Monday the

for and

day of
And

A.D. 187-. plaintiff, and do hereby

"to wit. Satisfaction is acknowledged between defendant in an action expressly nominate and appoint —, attorney-at-law, to witness and attest execution of this acknowledgment of satisfaction.

66

Signed by the said

of

66

Judgment entered on the

day of

in the

-.

year of our Lord 187-. Roll No.
in the presence of me,
one of the attorneys of the Court
of at Westminster: and I hereby declare
myself to be attorney for and on behalf of the
said expressly named by h―, and attending
at h request, to inform h- of the nature and
effect of this acknowledgment of satisfaction
(which I accordingly did before the same was
signed by h-); and I also declare that I sub-
scribe my name hereto as such attorney."

(1 Ell. & Bl. App. p. xvi, Rule 80.)

The above-named
plaintiff.
(Date.)

Upon a satisfaction piece, duly signed and attested in accordance with R. 80 of Reg. Gen. H. T. 1853, being presented to the clerk of the judgments of the masters in the court in which the judgment has been signed, he shall file the same, and enter satisfaction in the judgment book against the entry of the said judgment, and no roll shall be required to be carried in for the purpose of entering satisfaction on a judgment. (Reg. Gen. E. T. 23rd April, 1857; 3 Jur., N. S., Part II., p. 176; 2 C. B., N. S. 92.) The court or a judge will compel a plaintiff, who has received satisfaction of his judgment, to execute the proper satisfaction, in order to have the entries on the registers duly vacated. (Fish v. Tindal, 10 W. R. 801, Exch.) See, further, 1 Chitty's Archbold, 721, 12th ed.

2 & 3 Vict. c. 11, s. 1.

2 & 3 VICTORIA, C. 11.

An Act for the better Protection of Purchasers against Judg-
ments, Crown Debts, Lis pendens and Fiats in Bank-
ruptcy (a).
[4th June, 1839.]

DOCKETS TO BE CLOSED.

No judgment to

be hereafter

docketed under

WHEREAS it is desirable that further protection should be afforded to purchasers against judgments, crown debts and lis

the provisions of pendens; be it therefore enacted, that no judgment shall here

2 & 3 Vict.

c. 11, s. 1.

4 & 5 Will. &

after be docketed under the provisions of an act passed in the
fourth and fifth years of the reign of their late Majesties King
William and Queen Mary, intituled "An Act for the better
Discovery of Judgments in the Courts of King's Bench, Com- M. c. 20.
mon Pleas and Exchequer, at Westminster," but that all such
dockets shall be finally closed immediately after the passing of
this act, without prejudice to the operation of any judgment
already docketed and entered under the said recited act, except
so far as any such judgment may be affected by the provisions
hereinafter contained (b).

(a) This act is repealed so far as relates to the protection of purchasers against secret acts of bankruptcy and fiats in bankruptcy. (12 & 13 Vict. c. 106, s. 1.)

(b) By stat. 4 & 5 Will. & Mary, c. 20, made perpetual by 7 & 8 Will. 3, c. 36, s. 3, judgments were directed to be docketed in alphabetical order; and it was declared that no judgments should affect lands or tenements as to bona fide purchasers, unless docketed and entered according to the act. Docketing the issue is not a sufficient docketing of a judgment within the provisions of the above act. (Braithwaite v. Watts, 2 Cr. & J. 318; 2 Tyr. 293. See Brandling v. Plummer, 3 Jur., N. S. 401; 26 L. J., 326.)

DOCKETED JUDGMENTS TO BE ENTERED PURSUANT TO
STAT. 1 & 2 VICT. c. 110.

Ch.

2. No judgment already docketed and entered under the said As to judgments recited act of their late Majesties King William and Queen already docketed. Mary shall, after the first day of August, one thousand eight hundred and forty-one, affect any lands, tenements or hereditaments, as to purchasers, mortgagees or creditors, unless and until such memorandum or minute thereof as is prescribed in an nct passed in the first and second years of her present Majesty Queen Victoria, intituled "An Act for abolishing Arrest on 1 & 2 Vict. c. 110. Mesne Process and Civil Actions, except in certain cases; for extending the Remedies of Creditors against the Property of Debtors; and for amending the Laws for the Relief of Insolvent Debtors in England," shall be left with the senior master of the Court of Common Pleas at Westminster, who shall forthwith enter the same in manner thereby directed in regard to judgments; and such officer shall be entitled for any such entry to the sum of five shillings (c).

(c) See ante, s. 19, p. 593. An outstanding docketed judgment not registered pursuant to 1 & 2 Vict. c. 110, s. 19, and this act, is not a valid objection to the title of the vendor on the sale of realty. (Bedford v. Forbes, 1 Carr. & K. 33.)

DATE OF MINUTE.

the memorandum

3. In addition to the entry by the said last-mentioned act or The date when by this act required to be made in a book by the senior master of judgment is of the particulars to be contained in every memorandum or left to be entered minute left with him of any judgment, decree or order, rule or

in a book.

2 & 3 Vict. c. 11, s. 3.

order, he shall insert in such book the year and the day of the month when every such memorandum or minute is so left with him (d).

(d) The 3rd, 4th, 5th and 7th sections of this act are extended to the courts of counties palatine. (18 & 19 Vict. c. 15, s. 3.)

Judgments, after five years from

unless a fresh

memorandum is

left.

JUDGMENTS TO BE REGISTERED PERIODICALLY.

4. All judgments of any of the superior courts, decrees or entry, to be void, 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 recited act of the first and second years of the reign of her present Majesty 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 years, before the right of such creditors accrued, and so, toties quoties, at the expiration of every succeeding five years; and the senior master shall forthwith re-enter 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 (e).

Creditors within this section.

General effect of
this section as
to registration.

(e) As to judgments entered up between the 23rd July, 1860, and the 29th July, 1864, see 23 & 24 Vict. c. 38 (post). And as to judgments entered up after the 29th July, 1864, see 27 & 28 Vict. c. 112 (post).

The provision in 2 & 3 Vict. c. 11, s. 4, that the judgment is to be void as against creditors, refers only to creditors who have some right or interest in such lands, tenements or hereditaments, as, for example, by virtue of a creditor's decree directing a sale of such property. Creditors of a deceased debtor have not on his death a right against his leasehold property in the hands of his executor or administrator within the meaning of this act. It was questioned if they have even after a creditor's decree any such right in the specific chattels of the deceased debtor, unless the decree directs them to be sold for the benefit of the creditors. (Simpson v. Morley, 2 Kay & J. 71.)

It was held under this section that the circumstance that a re-registration is not within five years from the previous registration does not make it ineffectual as against subsequent purchasers, mortgagees and creditors. (Beavan v. Earl of Oxford, 6 De G., M. & G. 492.) And see 18 & 19 Vict. c. 15, s. 6 (post).

The effect of the provisions of this section is to deprive the judgment creditor who omits to register within five years of protection against subsequent purchasers, mortgagees and creditors; but not to alter his position as to previous purchasers, mortgagees and creditors. A., B. and C. were judgment creditors of D.; A. and B. having priority to C. A. and B. subsequently omitted to register their judgments within five years from their previous registration; C. duly registered within the five years: it was

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