signed in 1854, but not registered until after the death of the debtor, which happened after the passing of this act, the judgment creditor was not entitled to preference (Kemp v. Waddingham, L. R. 1 Q. B. 355). But judgments against executors and administrators need not be registered to retain their priority over simple contract debts (Jennings v. Rigby, 33 Beav. 198). And in the case of a person dying since 1870, an unregistered judgment against an administratrix was entitled to priority over both specialty and simple contract debts (Re Williams, 15 Eq. 270). 23 & 24 Vict. c. 38, s. 3. 4. No judgments which since the passing of an act 1 & 2 Judgments as Vict. c. 110 (d) (being one of the acts herein before referred to), against heirs have been registered under the provisions therein contained, or to be recontained in the later act of the second and third years of registered. Queen Victoria, chapter eleven (e), as explained and amended by the act of the session of the eighteenth and nineteenth years of Queen Victoria, chapter fifteen (f) (being two other of the acts herein before referred to), or which shall hereafter be so registered, shall have any preference against heirs, executors or administrators in their administration of their executors' (g), testators' or intestates' estates, unless at the death of the (h) testator or intestate five years shall not have elapsed from the date of the entry thereof on the docket or from the only or last re-registry thereof, as the case may be, which re-registry from time to time is hereby authorized to be made in manner directed by the said act of the second and third of Queen Victoria, as explained and amended by the act of the eighteenth and nineteenth of Queen Victoria; but it shall be deemed sufficient to secure such preference as aforesaid, if such a memorandum as was required in the first instance is again left with the senior master of the Common Pleas within five years before the death of the (h) testator or intestate, 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 (i). (d) See ante, p. 461. (e) See ante, p. 461. (ƒ) See ante, p. 462. Clearly a mistake for "ancestors." (h) The word "ancestor" seems to have been omitted. (i) This section is not retrospective. So that where a debtor died before the passing of the act, a judgment, which had not been re-registered within five years before his death, retained its priority (Evans v. Williams, 2 Dr. & Sm. 324). 5. In the construction of the previous provisions the term Extent of "judgment" shall be taken to include registered decrees, orders of the word Courts of Equity and Bankruptcy, and other orders having the "judgment." operation of a judgment (k). (k) The other sections of this act are inserted in other parts of this work (See ante, p. 176, and post). 28 & 24 Vict. c. 115, s. 1. Provisions of and 197 of tended to all crown. All bonds, &c., valid. Bonds to be taken to the use of her Majesty. Bonds of minors valid. How bonds may be discharged. 23 & 24 VICTORIA, CAP. 115. An Act to simplify and amend the Practice as to the Entry Be it enacted as follows: 1. All the powers, provisions and regulations, concerning bonds and other securities relating to the customs contained in sections one hundred and ninety-five, one hundred and ninetysix, and one hundred and ninety-seven, of the act passed in the session of parliament holden in the sixteenth and seventeenth years of her Majesty's reign, chapter one hundred and seven (a), shall, mutatis mutandis, be deemed to extend and shall be applied to all bonds and other securities entered into or given to her Majesty, her heirs or successors: provided always, that in every case in which under the provisions of the said sections any certificate is required to be signed or any other matter authorized to be done by the commissioners of customs, or any number of them, any such certificate or matter in relation to any bond or other security concerning or incident to any public department shall respectively be signed and done by the respective commissioners or other principal officers of such department, or any two of them respectively, or if there shall be only one such commissioner or principal officer then by him, as the case may be, or if there shall be no such commissioner or other principal officer then by the commissioners of her Majesty's treasury or any two of them. (a) Sect. 195. All bonds and other securities entered into by any person or persons for the performance of any condition, order or matter relative to the customs or incident thereto, shall be valid in law, and upon breach of any of the conditions thereof may be sued and proceeded upon in the same manner as any bond expressly directed, or given by or under the provisions of any act relating to the customs, and all bonds relating to the customs or for the performance of any condition or matter incident thereto shall be taken to or for the use of her Majesty, and all such bonds, except such as are given for securing the due exportation of or payment of duty upon warehoused goods, may, after the expiration of three years from the date thereof or from the time, if any, limited therein for the performance of the condition thereof, be cancelled by or by the order of the commissioners of customs, and all bonds given under the provisions of this or any act relating to the customs by persons under twenty-one years of age shall be valid. Sect. 196. If any bond given under the provisions of this or any act relating to the customs, or in respect of any matter under the control or management of the commissioners of customs shall have been registered in the Court of Common Pleas in England, or in the office of the registrar of judgments in Ireland, and the condition of such bond shall have been satisfied, the commissioners of customs, by certificate under the hands of any two or more of them, may authorize the proper officer of the said court or office of registrar of judgments, as the case may be, to enter up satisfaction on the record of such bond or obligation, and such certificate 23 & 24 Vict. may be in the form or to the effect following: c. 115, s. 1. This is to certify that the following bond has been satisfied and cancelled. Name or names of the obligor or obligors. Date of bond. Penalty. Condition. Where registered. day of 18- } Commissioners Given under our hands this To the Senior Master or other proper officer of the And upon the receipt of such certificate such officer is required to enter Sect. 197. When any bond entered into under the provisions of this or Exoneration any act relating to the customs, or for the performance of any condition, of estates of order or matter incident or relative to the customs, shall have been regis- obligors. tered in the Court of Common Pleas in England, under the act of the second year of the reign of her present Majesty, chapter eleven, or in the office of the registrar of judgments in Ireland, under the act of the seventh and eighth years of the reign of her said Majesty, chapter ninety, and it shall be deemed necessary in the discretion of the commissioners of customs, to exonerate the whole or any part of the lands of any obligor of such bond from liability in respect thereof, the commissioners of customs, by certificate or certificates under the hands of any two or more of them, may, first requiring the consent of any co-obligor if they shall deem it necessary, exonerate and discharge such lands or any part thereof, as the case may require, and such certificate may be in the form or to the effect following : By a bond or obligation bearing date the day of —, 186—, [name Form of of obligor seeking exoneration,] of [residence and description of obligor], certificate of became bound to her Majesty, her heirs and successors, in the sum of conditioned as therein mentioned, and the said bond was on the -day of 186-, duly recorded in the Court of Common Pleas, [if in England,] or filed in the office of the registrar of judgments, [if in Ireland,] in pursuance of the act [state the act under which the bond was registered]. This is to certify that all the estates, lands, tenements and hereditaments [if the whole are to be discharged] or [here set out the particular lands, tenements and hereditaments exonerated, if part only are to be discharged, adding the following words,] being part of the estate, lands, tenements and hereditaments of the said [name of obligor seeking exoneration,] are wholly exonerated and discharged from all claims of her Majesty, her heirs or successors, or of the commissioners of customs on her or their behalf in respect of such bond or obligation. Given under our hands this day of 186-. exoneration. And the lands mentioned in such certificate or certificates shall thereupon Certificates to be held wholly exonerated and discharged from all liability in respect of be sufficient such bond or obligation, and every such certificate shall be accepted by all evidence of persons and in all courts as sufficient evidence of the exoneration of the exoneration. lands therein described. The above sections of 16 & 17 Vict. c. 107 were repealed by 39 & 40 Vict. c. 36, s. 288, and re-enacted almost verbatim by sects. 165, 166, 167 of the last-mentioned act. 23 & 24 Vict. c. 115, s. 2. satisfaction on judgments. 2. The senior master of the Court of Common Pleas at Westminster (b) may, upon the filing with him of an acknowledgment As to entry of in the form or to the effect following, be at liberty to enter a satisfaction or discharge as to any registered judgment, pending suit, lis pendens, decree, order, rule, annuity or rent-charge, or writ of execution, and such officer shall be entitled for any such registry of satisfaction or discharge to the sum of two shillings and sixpence, and no more; and such senior master may issue certificates of the entry of any satisfaction or discharge, and may charge the sum of one shilling for every such certificate. Form of Acknowledgment of Satisfaction.. Satisfaction is acknowledged between A. B. and C. D. as to a dated the day of, 186-, for the sum of £- a memorandum of which said was left with the senior master of the Court of Common Pleas at Westminster, on the day of 186-, to affect the estate of and [if so] on the writ of execution thereon, dated the - day of 186-, a memorandum of which was left with the said master on the day of 186-. And [or the executor or administrator of] do hereby expressly nominate and appoint of, attorney-at-law, to witness and attest the execution of this acknowledgment of satisfaction. Signed by the said, in the presence of me, the undersigned one of the attorneys of her Majesty's Court of at Westminster, and I hereby declare myself to be the attorney for and on behalf of the said expressly named by, and attending at request to inform him of the nature and effect of this acknowledgment of satisfaction (which I accordingly did before the same was signed by), and I also declare that I subscribe my name as witness hereto as such attorney. A. B., the abovenamed —, [or F. G., executor or administrator of] the of day 186-. (b) Now the Registrar of Judgments, see R. S. C., Ord. 61, r. 22. Satisfaction of a judgment or order in Chancery may be entered, either under this act, or by consent by an order on petition at the Order of Course Office (D. C. P. 843; D. C. F. 368). Satisfaction of a judgment in the Queen's Bench may be entered, either under this act, or by an order of a master obtained in the same manner as an order under R. S. C., Ord. 61, rr. 26 and 27; (Cent. Off. Pr. R. (17)). 27 & 28 VICTORIÆ, CAP. 112. An Act to amend the Law relating to future Judgments, Statutes and Recognizances. [29th July, 1864. 27 & 28 Vict. WHEREAS it is desirable to assimilate the law affecting freehold, copyhold, and leasehold estates to that affecting purely personal estates in respect of future judgments, statutes, and recognizances: Therefore be it enacted as follows: c. 112. Future judgments, &c., 1. No judgment, statute, or recognizance to be entered up after the passing of this act shall affect any land (of whatever 27 & 28 Vict. tenure) until such land shall have been actually delivered in c. 112, s. 1. execution by virtue of a writ of elegit or other lawful authority, not to affect in pursuance of such judgment, statute, or recognizance (a). land until (a) As to judgments entered up before the 23rd July, 1860, see 1 & 2 Judgments Vict. c. 110, s. 13, ante, p. 415; and as to judgments entered up between before this the 23rd July, 1860, and the 29th July, 1864, see 23 & 24 Vict. c. 38, s. 1, act. ante, p. 470. The present section must be read in connection with 1 & 2 Vict. c. 110, s. 13 (ante, p. 451), where see note as to the joint result of the two sections. The following have been held to amount to actual delivery in execution Actual deliwithin this section, viz. :-The return of the sheriff to a writ of elegit, the very in exeland not having been entered on (Champneys v. Burland, 19 W. R. 148); cution. delivery of the seisin before the return (Re Hobson, 55 L. T. 255); seques-ext tration (Re Rush, 10 Eq. 442) or the appointment of a receiver (Hatton v. Haywood, 9 Ch. 229). But not (as regards freeholds) the mere issue of an elegit which cannot be executed, because the land is already taken under a prior elegit (Re Cowbridge R. Co., 5 Eq. 413; Hatton v. Haywood, 9 Ch. 229), nor (as regards an equitable interest in leaseholds), the issue and registration of a fi. fa. (Backhouse v..Siddle, 38 L. T. 487). For the purpose of enforcing a judgment as against the debtor's land, Equitable the appointment of a receiver may be made under the general juris- execution. diction of the court (Anglo-Italian Bank v. Davies, 9 Ch. Div. 275), but only where the proper parties are before the court (Re Shephard, Atkins v. Shephard, 43 Ch. Div. 131)X It is not necessary to sue out an elegit X See ke Cave, previously (Ex p. Evans, Re Watkins, 13 Ch. Div. 252; Re Pope, 17 Q. B. Mainland v. l'a Div. 753). The appointment may be made (1) where legal delivery in 1872 27 execution is impossible owing to a legal impediment, such as a legal mortgage (Anglo-Italian Bank v. Davies, sup.; Smith v. Cowell, 6 Q. B. Div. 75), or the legal estate being in trustees (Wells v. Kilpin, 18 Eq. 298; Tillett v. Pearson, 43 L. J. Ch. 93; 22 W. R. 209); or (2) where such an appointment is a more convenient mode of execution than an elegit (Re Pope, 17 Q. B. Div. 749; Re Coney, Coney v. Bennett, 29 Ch. D. 993; see Manchester Banking Co. v. Parkinson, 22 Q. B. Div. 173), as when the land is subject to an equitable mortgage (Re Pope, sup.), or the debtor is a mortgagee (Chatterton v. Watney, 17 Ch. Div. 261). It has been held that a receiver cannot be appointed of a remainder in real estate (Re Hamilton, 31 Ch. Div. 294; see Cadman v. Cadman, 33 Ch. Div. 400). See, however, the cases where a receiver was appointed of a contingent reversionary annuity charged on land (Re Cooper, 60 L. T. 95), and of reversionary interests in personalty (Fuggle v. Bland, 11 Q. B. D. 711; Macnicoll v. Parnell, 35 W. R. 773; see Beamish v. Stephan, 18 L. R. Ir. 319). r Chandi A receiver has been appointed in a fresh action commenced for the purpose (Anglo-Italian Bank v. Davies, 9 Ch. Div. 275). But the appointment may now be made on an interlocutory application in the original action (Smith v. Cowell, 6 Q. B. Div. 75; Sult v. Cooper, 16 Ch. Div. 544), A judgment for payment of money can be enforced by the creditor against the land of the debtor in the following ways: (1) Out of the rents and profits, by seizure under a writ of elegit (Re Pope, 17 Q. B. Div. 745), or by obtaining an order for a receiver (Re Pope, sup.; see note on equitable execution, sup.); or, if the judgment is for payment within a limited time, by a writ of sequestration (R. S. C. Ord. 43, r. 6; Willcock v. Terrell, 3 Ex. Div. 333; Re Rush, 10 Eq. 442). To protect his title as against a subsequent purchaser for value, the creditor must register the writ or order under 51 & 52 Vict. c. 51, ss. 5, 6 (post, p. 480). He must also, in the case of land in Yorkshire register the writ or order (47 & 48 Vict. c. 54, ss. 4, 14) in the county registry. (2) Where the land has been "delivered in execution," the creditor emble the explicat Modes of should be enforcing by umme judgments headi against land. tail Whitaker,1, |