18 & 19 Vict. c. 15, s. 1. 2 & 3 Vict. c. 11. 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;" and another act in the session of the second and third years of her Majesty, intituled "An Act for the better Protection of Purchasers against Judgments, Crown Debts, Lis pendens, and Fiats in Bank3 & 4 Vict. c. 82. ruptcy;" and another act in the session of the third and fourth years of her Majesty, intituled "An Act for further amending the Act for abolishing Arrest on Mesne Process in Civil Actions:" and whereas the provisions of the said acts respecting judgments, decrees, orders and rules, and lis pendens, ought to include and be applicable to the counties palatine of Lancaster and Durham, and the common law and equity courts thereof respectively and whereas an act was passed in the session of the thirteenth and fourteenth years of her Majesty, intituled "An Act to amend the Practice and Proceedings of the Court of Chancery of the County Palatine of Lancaster," by force whereof the said provisions do to some extent include and are applicable to the county palatine of Lancaster, as far as regards the Court of Chancery thereof: be it therefore enacted as follows: 13 & 14 Vict. c. 43, s. 1. Judgments of common law obtained before coming into operation of 1 & 2 Vict. c. 110, and not registered under the same, not to affect lands, registered within &c. unless limited time. 1. Any judgment of the Court of Common Pleas of the county palatinate courts palatine of Lancaster, or of the Court of Pleas of the county palatine of Durham, obtained before the coming into operation of the said act of the session of the first and second years of her Majesty, and not already registered in the said courts respectively under the provisions of the same act, and which shall not be registered in the said courts respectively under the same provisions as amended by this act, on or before the first day of November, one thousand eight hundred and fifty-five, shall not after that day affect any lands, tenements or hereditaments in the said counties palatine respectively as to purchasers, mortgagees or creditors, unless and until such memorandum or minute of such judgment as in the said act prescribed shall be left with the prothonotary of the court in which the judgment has been obtained, who shall forthwith enter the same in manner by the same act as amended by this act directed in regard to judgments thereby authorized to be registered, and shall be entitled for every such entry to the sum of two shillings and sixpence; and the provision for re-registration, toties quoties, hereinafter mentioned, as explained by this act, is hereby extended and applied, mutatis mutandis, to judgments registered under this present provision. Fee for entry of judgments. 2. And be it declared and enacted as follows: the provisions contained in the sections of the said act of the first and second years of her Majesty, numbered respectively 18, 19, and 20(a), giving to certain rules of courts of common law, and decrees and orders of courts of equity, the effect of judgments in the superior courts of common law, and constituting the persons therein mentioned judgment creditors, and giving to courts of equity the powers by the same act given to the judges of the said superior courts, and giving to the persons so con stituted judgment creditors as aforesaid such remedies as are therein mentioned, and authorizing the registration of such decrees, orders and rules as aforesaid, and providing for the writs to be sued out of courts of equity, shall extend and are applicable, mutatis mutandis, to the said counties palatine and the courts of common law thereof respectively, and to the Court of Chancery of the county palatine of Durham, within the limits of their respective jurisdictions, to the end that the same law in the respects aforesaid may apply to the courts of the said counties palatine, and the decrees, orders, judgments and rules thereof, so far as relates to lands, tenements and hereditaments within the jurisdiction of such courts respectively, as under the previous statutes amended by this act, will regulate the operation of judgments in the superior courts of common law but no judgment, decree, order or rule of any court shall bind lands, tenements and hereditaments in the said counties palatine respectively, as against purchasers, mortgagees or creditors, unless and until such memorandum or minute thereof as hereinbefore is mentioned shall be left with the prothonotary of the palatine court in which are situated the lands, tenements and hereditaments intended to be charged thereby. (a) See ante, pp. 589, 593. 18 & 19 Vict. c. 15, s. 2. c. 11, and 3 & 4 Vict. c. 82, ex of 2 & 3 Vict. tended to common law and equity courts of counties palatine. 3. The provisions contained in the sections of the said act of Certain provisions the second and third of her Majesty numbered respectively 3, 4, 5(b) and 7 (c), and in the section of the said act of the third and fourth of her Majesty numbered 2 (d), respecting the particulars to be inserted in the register by the master, and respecting the re-registration of judgments, decrees or orders, and rules, and respecting the registration and re-registration of lis pendens, and respecting the protection of purchasers, mortgagees and creditors, as explained or amended by this act, shall extend and are applicable, mutatis mutandis, to the counties palatine and the courts of common law and Courts of Chancery thereof respectively, within the limits of their respective jurisdictions. (b) Ante, pp. 599, 600, 603. (c) Ante, p. 603. (d) See ante, p. 611. 4. And whereas the protection afforded to purchasers, mortgagees and creditors, by the said act of the third and fourth of her Majesty, against judgments, decrees, orders or rules not duly registered, any notice thereof notwithstanding, is confined to judgments, decrees, orders or rules binding by virtue of the said act of the first and second years of her Majesty and whereas the docket or register previously in use has been closed, and the said provision ought not to be so restricted: be it therefore enacted, that no judgment, decree, order or rule which might be registered under the said act of the first and second years of her Majesty shall affect any lands, tenements or hereditaments, at law or in equity, as to purchasers, mortgagees or 18 & 19 Vict. c. 15, s. 4. Purchasers protected against judgments not registered. Provision for re-registration explained. Judgments of inferior courts, when removed, shall be registered. 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, decree, order or rule to any such purchaser, mortgagee or creditor in anywise notwithstanding (e). (e) See ante, p. 611. 5. And whereas it is expedient that certain doubts which have arisen upon some of the provisions for the protection to purchasers against judgments in the said acts contained should be removed; be it therefore declared and enacted as follows: the provisions contained in the section numbered 2 (ƒ) of the said act of the third and fourth years of her Majesty extends and shall be deemed to extend as well to the act therein referred to as to the section numbered 4 (g) of the said act of the second and third of her Majesty, as explained by this act, so that notice of any judgment, decree, order or rule, not duly registered, shall not avail against purchasers, mortgagees or creditors as to lands, tenements or hereditaments. (f) Ante, p. 611. 6. Where by the said act of the second and third years of her Majesty re-registry of judgments, decrees, orders or rules is required within such period of five years as is therein mentioned, in order to bind purchasers, mortgagees and creditors, it shall be deemed 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. 7. Where by the section numbered 22 (h) of the said act of the first and second years of her Majesty power is given to remove judgments, rules or orders obtained in or made by certain inferior courts into the said superior courts, or into the Court of Common Pleas of Lancaster, as the case may be, no such judgment, rule or order which has already been or hereafter shall be so removed shall bind any lands, tenements or hereditaments as to purchasers, mortgagees or creditors, unless and until after such removal it shall be registered, and, if necessary, re-registered, in like manner as in order to bind such purchasers, mortgagees or creditors, it must have been if originally entered up in one of the said superior courts, or in the said Court of Common Pleas of Lancaster, as the case may be ; but from and after the passing of this act every such judgment, rule 18 & 19 Vict. or order so registered, and where necessary re-registered, shall c. 15, s. 7. be binding in like manner, but not further or otherwise, as other judgments, rules or orders of the said superior courts or of the said Court of Common Pleas of Lancaster respectively, and the proviso at the end of the said section 22, restricting the operation of the same is hereby repealed. (h) Ante, p. 596. revived. 8. Nothing herein contained shall extend to revive or restore Extinguished any judgment which shall be extinguished or barred, or to affect judgments not or prejudice any such judgment, or any decree, order or rule, as between the parties thereto, or their representatives, or those deriving as volunteers under them. 9. For the purposes of any registration or re-registration to Duties of prothobe made in pursuance of this act in either of the said counties notary. palatine, all such acts and things as under the provisions of the said several acts of the reign of her Majesty ought to be done by or left with the senior master of the Court of Common Pleas at Westminster shall be done by or left with the prothonotary or deputy prothonotary of the Court of Common Pleas of the county palatine of Lancaster, or of the Court of Pleas of the county palatine of Durham, as the case may require, or such other officer (if any) of the same courts respectively as may for the time being have been appointed by the same courts respectively for the purpose of entering the judgments thereof respectively, under the provisions of the said act of the first and second years of her Majesty; and the said prothonotary, deputy pro- Fees for registhonotary, or other officer as aforesaid, shall be entitled to the tration and sum of two shillings and sixpence, and no more, for the duties to be performed on every registration, and the sum of one shilling only for re-registration; and all persons shall be at liberty to search all or any of the books kept in pursuance of any of the foregoing provisions of this act in each court, for the sum of one shilling. 10. And whereas by the section numbered 123 of the Bankrupt Law Consolidation Act, 1849, when any person admits (in manner therein mentioned) that he is indebted to a bankrupt, it is enacted, that every order of the Court of Bankruptcy for the payment by such person of the amount so admitted, and costs (if any), shall have the effect of a judgment in the said superior courts, and may be enforced accordingly, and by the section numbered 249 (i) of the same act: be it therefore enacted as follows: no such order of the Court of Bankruptcy for payment of money or of costs as aforesaid shall affect any lands, tenements or hereditaments, as to purchasers, mortgagees or creditors, unless and until it shall be registered, and if necessary re-registered, in like manner as in order to bind such purchasers, mortgagees or creditors, it must have been if it had originally been a judgment or rule obtained or entered up in one of the said superior courts or in the said palatine courts respectively, searches. No order of Court of Bankruptcy to until registered. affect lands, &c. 18 & 19 Vict. any notice of any such order to any such purchaser, mortgagee c. 15, s. 10. or creditor in any wise notwithstanding. Legal estate vested in purchaser or mortgagee not to be taken in execution. Life annuities and rent-charges not to affect lands as (i) This section is repealed by the Bankruptcy Act, 1861, s. 230, Schedule (G.). The effect of judgments entered up between the 23rd July, 1860, and the 29th July, 1864, is determined by 23 & 24 Vict. c. 38 (post), and of judgments entered up after the 29th July, 1864, by 27 & 28 Vict. c. 112. In both of these acts the term judgment includes orders of the Court of Bankruptcy. 11. And whereas great delay and expense are occasioned upon purchases and mortgages of lands in consequence of judgments against mortgagees and crown debts and liabilities to the crown of mortgagees continuing to bind lands, although the mortgagees have been bonâ fide paid off, and the lands have been actually conveyed to purchasers, or to other mortgagees: for remedy whereof be it enacted as follows: where any legal or equitable estate or interest or any disposing power in or over any lands, tenements or hereditaments, shall, under any conveyance or other instrument executed after the passing of this act, become vested in any person as a purchaser or mortgagee for valuable consideration, such lands, tenements or hereditaments, shall not be taken in execution under any writ of elegit, or other writ of execution, to be sued upon any judgment, or any decree, order or rule, against any mortgagee or mortgagees thereof, who shall have been paid off prior to or at the time of the execution of such conveyance, nor shall any such judgment, decree, order or rule, or the money thereby secured, be a charge upon such lands, tenements or hereditaments, so vested in purchasers or mortgagees, nor shall such lands, tenements or hereditaments so vested in purchasers or mortgagees be extended or taken in execution, or rendered liable under any writ of extent, or writ of execution or other process issued by or on behalf of her Majesty, her heirs or successors, in respect of any judgment, statute or recognizance obtained against or entered into by, or inquisition found against, or obligation or specialty made by, or acceptance of office by any mortgagee or mortgagees, whereby he or they hath or have become or shall become a debtor or accountant, or debtors or accountants to the crown, where such mortgagee or mortgagees shall have been paid off prior to or at the time of the execution of such conveyance as aforesaid (k). (k) It had been decided that a judgment creditor acquired a charge, under the 1 & 2 Vict. c. 110, against the mortgage property of the debtor, whether the interest was legal or equitable, and the object of this section is to make the charge cease when the mortgage is paid off. (Per Wood, V.-C., Avison v. Holmes, 1 Johns. & H. 543, 544.) See ante, p. 578, and see further, Dart, V. & P. 432 et seq., 4th ed. If a mortgagor sells the mortgaged estate, and pays off the mortgage, after the passing of this act, the estate in the hands of the purchaser ceases to be affected, by a judgment which had been registered against the mortgagee. (Greaves v. Wilson, 25 Beav. 434; 28 L. J., Ch. 103; 4 Jur., N. S. 802.) 12. And whereas by reason of the repeal in the last session of parliament of the act of the fifty-third year of King George |