held, that the plaintiffs were not creditors within the meaning of this section, so as to be entitled to an order for sale on petition. (Johnson v. Burgess, L. R., 15 Eq. 398.) 27 & 28 Vict. c. 112, s. 4. (d) A debtor executed a conveyance of real estate to volunteers, and Lands taken afterwards a writ of sequestration was issued against him at the instance under writ of of a creditor. The volunteers reconveyed the estate to a trustee for the sequestration. sequestrators, and they entered into possession. It was held, that the land had been actually delivered in execution within the meaning of this act, and that the sequestrators and creditors were entitled to an order for sale. (Re Rush, L. R., 10 Eq. 442.) This section requires that the land should have been actually delivered Actual delivery in execution. Therefore, where a judgment creditor caused a writ of elegit to necessary. be issued, but his debtor's lands (having been already extended and delivered Case where prounder a prior elegit) could not be delivered to him; it was held, that he perty had been could not obtain an order for sale under this section. It was said, however, to prior judgment already delivered that he might file a bill to assert his equitable rights, and when he had got creditor. rid of the prior elegit, he might petition under this act. (Re Cowbridge R. Co., L. R., 5 Eq. 413. See Guest v. Cowbridge R. Co., L. R., 6 Eq. 619.) Where a debtor had an equitable life interest in leaseholds and the judg- Case where proment creditor took out a writ of fi. fa. and petitioned for an order for sale perty could not under this section; it was held, that, as an equitable leasehold could not be be taken in taken in execution under a fi, fa., an order for sale could not be made. (Re Duke of Newcastle, L. R., 8 Eq. 700.) (e) This section does not apply to judgments entered up before the passing of the act. (Re Isle of Wight Ferry Co., 34 L. J., Ch. 194.) As to the priorities of judgment creditors inter se, see Guest v. Cowbridge R. Co., L. R., 6 Eq. 619, post. (f) An order was made under this section for the sale of lands of a railway company (Re Bishops Waltham R. Co., 14 W. R. 1008); on appeal, the court expressed an opinion that the railway was not saleable, and directed inquiries as to the nature of the company's interest. (S. C., L. R., 2 Ch. 382.) Superfluous lands belonging to a railway company have been ordered to be sold without inquiries being directed (Re Calne R. Co., L. R., 9 Eq. 658); in other cases inquiries have been directed. (Re Hull and Hornsea R. Co., L. R., 2 Eq. 262; Ex parte Grissell, L. R., 2 Ch. 385; Re Ogilvie, L. R., 7 Ch. 174.) As to schemes of arrangement by railway companies and the restraining of actions and executions in such a case, see 30 & 31 Vict. c. 127; Re Cambrian R. Co., L. R., 3 Ch. 278; Re Potteries, &c. R. Co., L. R., 5 Ch. 67. execution. Section does not apply to judg ment entered up before passing of act. Lands of a railway company. As to inquiries, where an official liquidator petitioned for sale of the Inquiries. lands of a contributory, see Re Kirby (14 L. T., N. S. 615); and as to inquiries in other cases, see Ex parte Clark, 6 N. R. 335; Dan. Ch. Forms, 914, 916. For forms of petitions for sale of lands delivered in execution under an elegit, and of lands taken under a writ of sequestration, see Dan. Ch. Forms, 913, 915. other creditors, them. 5. If it shall appear on making such inquiries that any other Where there are debt due on any judgment, statute, or recognizance is a charge notice of sale to on such land, the creditor entitled to the benefit of such charge be served upon (whether prior or subsequent to the charge of the petitioner) shall be served with notice of the said order for sale, and shall after such service be bound thereby, and shall be at liberty to attend the proceedings under the same, and to have the benefit thereof; and the proceeds of such sale shall be distributed among the persons who may be found entitled thereto, according to their respective priorities (g). (g) The priorities of judgment creditors inter se are determined by the date at which the writs issued upon their judgments are placed in the hands c. 112, s. 5. 27 & 28 Vict. of the sheriff. A creditor whose judgment was subsequent in date, but whose writ was first placed in the hands of the sheriff, was held entitled in priority to a creditor whose judgment was prior in date, and whose writ was subsequently placed in the sheriff's hands before the lands were extended. (Guest v. Cowbridge R. Co., L. R., 6 Eq. 619.) Parties claiming interest through debtor bound by order for sale. Extent of act. 6. Every person claiming any interest in such land through or under the debtor, by any means subsequent to the delivery of such land in execution as aforesaid, shall be bound by every such order for sale, and by all the proceedings consequent thereon. 7. This act shall not extend to Ireland. LEASE AND RELEASE. 4 & 5 VICTORIA, C. 21. An Act for rendering a Release as effectual for the Convey- c. 21, s. 1. A release to be year shall be WHEREAS it is expedient to lessen the expense of conveying 4 & 5 Vict. freehold estates: be it enacted, that every deed or instrument of release of a freehold estate, or deed or instrument purporting or intended to be a deed or instrument of release of a freehold effectual although estate, which shall be executed on or after the fifteenth day of no lease for a May, one thousand eight hundred and forty-one, and shall be executed. expressed to be made in pursuance of this act, shall be as effectual for the purposes therein expressed, and shall take effect as a conveyance to uses or otherwise, and shall operate in all respects both at law and equity as if the releasing party or parties who shall have executed the same had also executed in due form a deed or instrument of bargain and sale or lease for a year for giving effect to such release, although no such deed or instrument of bargain and sale or lease for a year shall be executed (a); provided that every such deed or instrument so taking effect under this act shall be chargeable with the same amount of stamp duty as any bargain and sale or lease for a year would have been chargeable with (except progressive duty) if executed to give effect to such deed or instrument, in addition to the stamp duties which such deed or instrument shall be chargeable with as a release or otherwise under any act or acts relating to stamp duties (b). (a) See 8 & 9 Vict. c. 106, s. 2, post, p. 631. The principles upon which the conveyance by lease and release is founded will be found in 2 Sanders on Uses, Chap. Lease and Release; 2 Preston's Conv. 207-489; Shep. Touch. 320; Sugd. Intr. to Gilbert on Uses; Butl. Co. Litt. 271, b. n. Div. iii. 3; Watk. on Conv. by Coventry and Preston; 3 Jarm. Conv. tit. Bargain and Sale. (b) This provision as to stamp duties, so far as the same relates to any deed or instrument bearing date after the 10th day of October, 1850, is repealed by 13 & 14 Vict. c. 97, s. 6. Release charge able with the stamp duty to which the lease for a year would have been liable. lease for a year executed before 2. And whereas many deeds or instruments of bargain and sale The recital or or leases for a year, to give effect to deeds or instruments of release mention of a of freehold estates heretofore executed, have been lost or mis- in a release laid; be it enacted, that where, in or by any deed or instrument the passing of of release of freehold estates executed before the fifteenth day of this act, to be May, one thousand eight hundred and forty-one, any deed or execution of instrument of bargain and sale or lease for a year for giving such lease for a evidence of the year. 4 & 5 Vict. c. 21, s. 2. Recital of lease as to lands in Ireland. effect to such deed or instrument of release shall be recited, or by any mention thereof in such deed or instrument of release appear to have been made or executed, such recital or mention thereof shall be deemed and taken to be conclusive evidence of the deed or instrument of bargain and sale or lease for a year so recited or mentioned having been made and executed; and such deed or instrument of release shall also have the like effect as if the same had been executed after the fifteenth day of May, one thousand eight hundred and forty-one, whether such deed or instrument of bargain and sale or lease for a year shall or shall not have been lost or mislaid, or may or may not be produced provided always, that this act shall not prejudice or affect any proceedings at law or in equity pending at the time of the passing of this act, in which the validity of any bargain and sale or lease for a year shall be in question between the party claiming under such bargain and sale or lease for a year and the party claiming adversely thereto; and such bargain and sale or lease for a year, if the result of such proceedings shall invalidate the same, shall not be rendered valid by this act (c). (c) In Ireland the actual existence of a lease for a year is not required, for year sufficient it is sufficient if the release contains the usual reference to it. By the Irish stat. 9 Geo. 2, c. 5, s. 6, made perpetual by 1 Geo. 3, c. 3, after reciting that it has frequently happened that purchasers for valuable considerations under deeds of lease and release have been prevented from recovering their rights for want of being able to produce the lease for a year, which is often lost or mislaid, it is enacted, "that in all cases the recital of a lease for a year in the deed of release shall be deemed and be taken to be full and sufficient evidence of such lease." This statute makes no alteration in the law, and only facilitates the proof of the lease for a year, by making the recital of it equal to the production, but it must be recited to be such as it ought to be if produced. The words "in his (the releasee's) actual possession now being, by virtue of a lease made pursuant to the statute," were held an insufficient recital of the lease within this statute. The lands however being in lease, the release was held to operate as a grant of the reversion, from the words "demise, set, and to farm let," notwithstanding there was a covenant in the instrument to make a future grant. (Doe d. Burne v. Saunders, 1 Fox & Smith, 18. See 1 T. R. 735; 12 East, 186; 15 East, 244; 5 T. R. 163.) By the Irish stat. 1 Geo. 3, c. 3, it is declared, that in all cases of pleading deeds of lease and release, wherein it may be necessary to allege the bringing such deeds into court, it shall be sufficient to allege the bringing into court the deed of release, in which the recital of such lease shall to all purposes whatsoever be as effectual as producing the same. (See Bolton v. Bishop of Carlisle, 2 H. Bl. 262; Jenkins v. Peace, 4 Jur. 850.) Construction of the word "free hold." 3. In the construction of this act the word "freehold" shall have not only its usual signification, but shall extend to all lands and hereditaments for the conveyance of which, if this act had not been passed, a bargain and sale or lease for a year, as well as a release, would have been used. AMENDMENT OF THE LAW OF REAL 8 & 9 VICTORIA, c. 106. An Act to amend the Law of Real Property (a). [4th August, 1845.] REPEAL OF STATUTE 7 & 8 VICT. c. 76. 8 & 9 Vict. c. 106, s. 1. Repeal of so much of 7 & 8 Vict. c. 76, as gent remainders as from the abolishes contin commencement, BE it enacted as follows (that is to say); 1. That so much of an act passed in the last session of parliament, intituled "An Act to simplify the Transfer of Property," as enacted that, after the time at which that act should come into operation, no estate in land should be created by way of contingent remainder; but that every estate which, before that time, would have taken effect as a contingent remainder should take effect (if in a will or codicil) as an executory devise, and (if in a deed) as an executory estate of the same nature, and having the same properties, as an executory devise; and that contingent remainders existing under deeds, wills or instruments executed or made before the time when that act should come into operation, should not fail, or be destroyed or barred, merely by reason of the destruction or merger of any preceding estate, or its determination by any other means than the natural effluxion of the time of such preceding estate, or some event on which it was in its creation limited to determine, shall be and is hereby repealed, as from the time of the commencement and taking effect thereof; and that the residue of the said act shall and the residue be and is hereby repealed, as from the first day of October, one as from 1st Octhousand eight hundred and forty-five (b). (a) A letter from Mr. H. B. Ker, dated April, 1845, to the Lord Chancellor, contains an explanation of the reasons upon which this act is founded, and is printed in Davidson's Concise Precedents in Conveyancing, 10-49, 2nd ed. (b) See the eighth section of this act as to contingent remainders. tober, 1845. GRANT. 2. After the said first day of October, one thousand eight hundred and forty-five, all corporeal tenements and hereditaments shall, as regards the conveyance of the immediate freehold thereof, be deemed to lie in grant as well as in livery (c) and that every deed which, by force only of this enactment, |